The defendants brought a mid-trial motion to admit three sur-reply expert reports.
The plaintiffs opposed, arguing the reports were unnecessary, prejudicial, and served late.
The court admitted two of the reports, finding them to be narrowly tailored responses to specific criticisms raised by the plaintiffs' experts.
However, the court excluded the third report, finding it to be an advocacy piece that improperly introduced new evidence and amounted to case-splitting.
