Nguyen v. IBP, Inc.
United States District Court for District of Kansas
162 F.R.D. 675 (1995)
Hong Van Nguyen (plaintiff) retained a medical doctor, Nathan Schechter, to testify as an expert witness in Nguyen’s suit against IBP, Inc. (defendant). Nguyen provided the following information regarding Schechter: (1) a report documenting his opinions, the bases and underlying data therefor, and exhibits that might be used in support; (2) a curriculum vitae that did not include any information on publications by Schechter over the previous 10 years; and (3) a list of 137 patients as to whom Schechter had provided deposition testimony during the previous 34 months. Neither the curriculum vitae nor the patient list was signed by Schechter. The patient list included name and contact information for the patients’ attorneys but such information was incomplete; nor did the list identify the particular cases in which Schechter testified or whether he provided any testimony at trial. Nguyen stated that the patient information was gleaned from Schechter’s available records and that Schechter lacked all of the information required to be disclosed. The expert report did not include a statement of Schechter’s compensation in the matter, but through a supplemental answer to an interrogatory, Nguyen disclosed that Schechter was being paid $750 for his work and testimony. IBP moved to exclude Schechter’s testimony at trial on the ground that the expert disclosure failed to comply with Fed. R. Civ. P. 26(a)(2). A magistrate judge considered the motion.
Rule of Law
Holding and Reasoning (Newman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 705,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 705,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,300 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.