A lawyer’s approach to the Title VII case he brought on behalf of a former Frito-Lay employee got him a sanction that reclassified his proposed expert witness as a fact witness.

U.S. Chief Magistrate Judge Martin Carlson of the Middle District of Pennsylvania took a stern tone in his opinion, saying, “In the face of deadlines, admonitions, and orders which consistently called for prompt disclosures, plaintiff’s counsel waited until virtually the last conceivable moment to reveal a fact known to the plaintiff for two years; namely, that the plaintiff had a treating psychiatrist who would testify as an expert witness to his injuries, and to their causation.”

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