[Download] "Cowgill v. Raymark Industries Inc." by United States Court of Appeals for the Third Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Cowgill v. Raymark Industries Inc.
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 17, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Opinion OF THE COURT STAPLETON, Circuit Judge: This appeal requires us to review evidentiary rulings made during a jury trial of a statute of limitations issue in an asbestos case. That trial was held pursuant to a mandate of this court reversing earlier summary judgments for the defendants on limitations grounds and remanding for further proceedings to resolve disputes of fact material to the limitations issue. Cowgill v. Raymark Industries, Inc., 780 F.2d 324 (3rd Cir. 1985) (Cowgill I). Much of the excluded evidence in question was offered in support of a theory that was raised for the first time on remand and that was inconsistent with the facts found by the trial court in the initial proceedings and left undisturbed on appeal. The remaining evidence at issue was excluded under Fed. R. Evid. 401 and 403. Because we conclude that the plaintiff was barred from litigating her new theory and because we find no fault with the trial court's disposition of the remaining issues, we will affirm.
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