Samuel N Fraidin

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

12 minute read

June 28, 2016 | New York Law Journal

Samuel N. Fraidin and Douglas J. Pepe of Joseph Hage Aaronson write: The Second Circuit should adopt a single statement of the doctrine concerning whether a court may consider documents attached to a motion to dismiss, define its terms, and warn against the use of the doctrine for any purpose other than determining if a document may be considered without converting a motion to dismiss into a motion for summary judgment.

By Samuel N. Fraidin and Douglas J. Pepe

22 minute read