Del. Court Allows Affidavit Produced after Close of Discovery

WILMINGTON, Del. -- A Delaware court has deferred ruling on a benzene defendant's motion for summary judgment, saying that while it was "not happy" with the plaintiff's discovery strategies, it will refrain from striking a former co-worker's affidavit produced after the close of discovery. Collins, et al. v. Ashland Inc., et al., No. 06C-03-339-JRJ (Del. Super. Ct., New Castle Cty.).

In an Aug. 12 ruling, however, the New Castle (Del.) Superior Court noted that the inclusion of the affidavit will "come with a price," ordering plaintiff's counsel to pay costs and reasonable attorneys fees associated with deposing the co-worker.

The …