Second Circuit Affirms Defense Verdict in Favor of Novartis

August 29, 2012

The Second Circuit affirmed a defense verdict in Hogan v. Novartis Pharm. Corp., 1:06-260-BMC (E.D.N.Y.). On appeal, plaintiff/appellant argued that the district court erred in denying her last-minute request to present testimony from a treating oral surgeon either live or by live video feed at trial.  Plaintiff’s request came after the final pretrial order and on the eve of jury selection.  The district court rejected the request, concluding that plaintiff had offered no justification for the late request and that defendant would be significantly prejudiced.  The Second Circuit affirmed on the same grounds, concluding that the district court was well within its discretion.