Trump is not a normal guy. Typically septuagenarians, and I think I can speak since I am one, don't even like it when our buses change their normal routine.
You do realize that Trump would never, ever, hire someone with no training nor experience whatsoever that was in his 70's to head up any little department in his businesses. Even though of course, there were no life or death decisions in that position. Think about what we just did.
People Donald and I's age think we have won the lotto if we see another sun rise.
If anyone announced, at age 71, they going to embark upon a new career for which they had no training, education nor experience, and they were going to start off at the top, people that love them would stop them from making such a mistake. Trump may be lacking in love.
By JULIE HIRSCHFELD DAVIS
The president-elect said his immigration priority was to deport up to three million undocumented immigrants rather than 11 million and that his border wall might be a fence in places.
Nov 11, 2016, 10:29 am CST
C.F. Bean, L.L.C. v. Barhanovic No. 16-60008
Before JONES, DENNIS, and PRADO, Circuit Judges.
AFFIRMED in part, REVERSED in part, and REMANDED. (November 4, 2016).
Judge JONES dissented.
Posted in Discovery, Expert Witness, Maritime, Negligence, Product Liability, Wrongful Death
This appeal involved a third-party complaint alleging maritime products liability. In 2012, Mark Barhanovich was killed in coastal waters south of Biloxi, Mississippi, when the Suzuki outboard engine on his fishing boat struck an underwater dredge pipe, flipped into his boat, and struck him. Barhanovich's estate filed claims in Federal District Court against C.F. Bean, LLC, Bean Meridian, LLC, and Archer Western Contractors, LLC (collectively, "Bean"), which were responsible for dredging operations in the area. Bean ultimately settled Barhanovich's claims, and C.F. Bean, LLC pled guilty to one count of misconduct or neglect of ship officers in a criminal proceeding related to the same accident. While Barhanovich's claims were pending, Bean filed a third-party complaint against Suzuki Motor Corporation ("SMC"). After Barhanovich's claims were settled, the District Court excluded expert testimony put forth by Bean, and granted SMC's motion for summary judgment against Bean. On appeal, Bean principally argued that the District Court erred in: (1) excluding the original report of Bean's expert; (2) excluding the second report of Bean's expert; and (3) holding that Bean could not meet its summary judgment burden without expert testimony. A panel majority affirms the District Court's exclusion of the first expert report. However, it reverses the exclusion of the second expert report, notwithstanding its untimeliness. The majority reasons that excluding the second report and the expert's testimony was not the appropriate sanction in this case. The majority explains that more appropriate sanctions include allowing SMC to re-depose and rebut Bean's expert, and awarding SMC costs and attorneys' fees for this additional discovery. And, because the District Court ruled that Bean could not defeat summary judgment without expert testimony, the majority reverses the District Court's grant of summary judgment. Finally, the majority affirms the denial of Bean's motion to conduct additional testing on the motor. On remand, however, the Court encourages the District Court to consider whether to reopen discovery to allow (1) SMC to adequately respond to Bean's second expert report and (2) Bean to test the motor. A dissent disagrees that the District Court abused its discretion by excluding Bean's untimely second expert report.
On Appeals from the United States District Court for the Southern District of Mississippi (Halil S. Ozerden).
Attorney for Appellant - Andrew C. Wilson, New Orleans, LA
Attorney for Appellee - Colvin G. Norwood, Jr., New Orleans, LA