Cost shifting under section 998 is not limited to cases resolved by trial or arbitration.
Apr
Yes, under FRCP Rule 26(e) Duty to Supplement: Discovery, if a party acquires material additional information or learns that information was materially incorrect after serving discovery responses, the responding party has a duty to supplement or amend their response in a timely manner.
Negligence per se claim failed because violation of a conditional use permit is not a “violation of a statute of ordinance.” Further, a rap concert is not an ultrahazardous activity. Such concerts, even ones with rival gang members performing and antagonizing each other, can be conducted safely with proper planning and security.