Lyle v. Exxon Corp.’s Empirical Analysis

Citation profile

23 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the rules do not provide a sanction for abuse of the discovery process, the inherent power of trial judges permits the trial judge to take appropriate corrective action against a party for discovery abuse. Strickland v. Strickland, 618 S.W.2d 496, 501 (Tenn.App.1981). Excluding the testimony of an expert witness may be an appropriate sanction for failure to name the witness. However, other sanctions may be appropriate where the failure to name an expert witness is not knowing and deliberate. In determining the appropriate sanction the trial judge should consider: 1. The explanation given for the failure to name the witness. 2. The importance of the testimony of the witness; 3. The need for time to prepare to meet the testimony; and 4. The possibility of a continuance. Id. The trial court’s determination of the appropriate sanction to be imposed will not be disturbed on appeal unless the court commits an abuse of discretion. See Brooks v. United Uniform Co., 682 S.W.2d 913 (Tenn.1984).”

   1 later decision quote this exact passage
   e.g. Ammons v. Bonilla