The factors include prejudice, ability to cure any prejudice, disruption of trial, and bad faith/willfulness.
But lately, the Court seems to be granting more motions to strike such theories. Today, Judge Andrews granted a motion to strike a late DOE theory.
Judge Andrews Isn't Messing Around
He shot down the Pennypack factors in four short and to-the point paragraphs.
As to the first factor, he found prejudice because admission of a late theory requires the Defendant to present new defenses, and because DOE is a …