Is a judge's decision not to enforce a pretrial order's limits on theories of liability enforceable?
MultiRegion, United States of America
The following excerpt is from Martinez v. ASARCO Inc., 28 F.3d 107 (9th Cir. 1994):
A district court's decision to enforce a pretrial order's limits on theories of liability is reviewed for abuse of discretion. Acorn v. Phoenix, 798 F.2d 1260, 1272 (9th Cir.1986). However, a district court's factual finding regarding whether a legal theory was or was not implicitly included in the pretrial order is reviewed for clear error. Id.
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