Merchant v. Corizon Health , Inc. (9th Cir. 2021)
F.R.Civ.P. 37(c)(1) provides that a party that fails to provide information or identify a witness as required by F.R.Civ.P. 26(a) or (e) is barred from using the undisclosed evidence or witness unless the district court finds the failure substantially justified or finds a different sanction more appropriate. To invoke the court's power under this provision, the offending party must move… Read More