Tuesday, December 2, 2014

Invigorating a hoary cliche

No Error in Judge Declining to Consider Declaration Filed on Morning of MSJ Hearing—C.A. Fourth Declaration of Expert Came After Deficiencies Were Detailed in Tentative Ruling
That's the MetNews headline for yesterday's unpub'd case here. (If you didn't recognize it as a Beds' opinion after the first paragraph, you're not reading enough 4/3!)

“This is not a second-bite-of-the-apple case. This appeal presents us with an apple chewed right down to its core. Appellant Michael Midyette had not one, not two, but three chances to submit admissible evidence to oppose a summary judgment motion in his medical malpractice action. Each time he failed to do so. Finally at the end of its patience, the trial court granted respondents’ summary judgment motions.”

 And speaking of Justice Bedsworth, we hear he will be the guest speaker at OCBA's Appellate Law Section's Holiday Lunch on Dec. 12.