Earlier this week, in an unpublished opinion in the case of Bizprolink, LLC v. America Online, Inc., the Fourth Circuit in a per curiam opinion for the panel of Judges Traxler and Duncan and Senior Judge Siler from the Sixth Circuit ruled that the trial court had erred in dismissing the plaintiff's case for failure to produce better evidence of its damages, instead of the lesser remedy for the alleged discovery violation of limiting the plaintiff's damages evidence at trial to what evidence it did have.
So, what are they saying here? The trial court cannot rule both that the universe of evidence that the plaintiff can use at trial is X, and that X will not support a jury verdict for the plaintiff and therefore there should be no trial? Maybe that's not it.
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