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Portions of SCO's Expert Reports Stricken
rm69990 writes "A day after Judge Dale Kimball reaffirmed Judge Wells' order tossing most of SCO's case, Judge Wells has stricken large portions of SCO's expert reports, stating that SCO was trying to do an end-run around IBM. As IBM put it in its motion papers, SCO will not be allowed to 'litigate by ambush.' This motion was regarding SCO's expert reports, where SCO attempted to insert new evidence after discovery had ended via their expert reports. Wells' ruled directly from the bench, and finished by telling SCO to 'take it up with Judge Kimball' if they had a problem. This really hasn't been a good week for SCO."
What if you were being taken advantage of by a large company and all you had at your disposal was the courts to protect yourself with. Then, when the trial began the company kept hemming and hawing and you wound up at the end of the discovery phase with nothing but your own claims. Then after the discovery phase ends, the company dumps a ton of documents on you, too much to go through in a reasonable amount of time and the judge isn't willing to give you the time to go through it.
I'm not saying that SCO's a lamb. Far from it. They have been involved in some of the worst corporate malfeasance that I've heard of in a long time (well, since Enron, I guess). They can go DIAF, as far as I'm concerned.
But I don't like the idea that the wheels of justice need to roll so fast that any and all evidence may be thrown out because it doesn't meet some arbitrary deadline.
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