World Wide Polymers, Inc. v. Shinkong Synthetic Fibers Corp., No. 10-3476 (2d Cir. 2012)Annotate this Case
This case arose when WWP sued Shinkong seeking damages and injunctive relief arising out of the failure of a joint venture between the parties. On appeal, WWP challenged the district court's order striking its expert report and claim for money damages after it attempted to file its expert disclosures seven weeks late, and later granting Shinkong summary judgment. Because the court found that WWP lacked sufficient notice of such severe consequences for late filing; an opportunity to respond before being sanctioned; and because the court found the penalty far exceeded the transgression, the court vacated and remanded for further proceedings.