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William E. Duffin

20-CV-1874 Leibfried v. Caterpillar, Inc.

20-CV-1874 Leibfried v. Caterpillar, Inc.

Decision and Order

An expert cannot offer new opinions at a deposition or in an affidavit submitted in response to a motion to exclude. An expert’s opinions must be included in an expert report. A psychologist’s recollection of what his patients told him about the emotions they felt in the moments when they believed they were about to die is not a sufficient basis for the psychologist to offer an opinion about what the plaintiff felt in the minutes before he died.

16-CV-685 McFarland-Lawson v. Fudge

16-CV-685 McFarland-Lawson v. Fudge

Decision and Order

The court granted the defendant’s motion for reconsideration and dismissed the plaintiff’s action. The only claim that remained was the same claim that the plaintiff raised in her union grievance. Because she did not exhaust her administrative remedies, the claim was not properly before the court.

16-CV-685 McFarland-Lawson v. Carson

16-CV-685 McFarland-Lawson v. Carson

Order

The Secretary for the Department of Housing and Urban Development asserted that certain documents sought by the plaintiff, a former HUD employee, were protected by the deliberative process privilege. The court rejected the claim, noting that the deliberative process privilege protects policy deliberations and not ordinary personnel matters of an agency.

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