Posted On: May 21, 2010 by Pilar G. Kraman

Judge Farnan: Motion to Strike Declaration of Expert Not Disclosed During Discovery DENIED

In The Dow Chemical Company v. Nova Chemicals Corp., C.A. No. 05-737-JJF (D. Del. May 20, 2010), after defendants' filed their motion for summary judgment, plaintiff submitted expert declarations in support of its counterstatement statement of facts opposing summary judgment. Id. at 3. Defendants subsequently filed a motion to strike the declarations because the expert declarations constituted "additional expert opinions that should have been filed before the end of discovery." Id. at 5. Judge Farnan disagreed. Judge Farnan agreed with plaintiff that the declarations were not "newly conceived arguments[,]" but were "appropriate elaborations of prior opinions and statements." Id. at 5-7.