Peter R Jerdee

January 12, 2018 | New York Law Journal

Samuel N. Fraidin and Peter R. Jerdee write: Where a party has failed to disclose information required under Rules 26(a) or (e), an order precluding the party from introducing evidence at trial may be an appropriate sanction under Rule 37(c)(1). But preclusion is not automatic. Courts in the Second Circuit are likely to deny a motion to preclude where the movant has waited silently until discovery closes to raise the nondisclosure.

By Samuel N. Fraidin and Peter R. Jerdee

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