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Appellate judges probe 'trial-by-ambush' claim in Olivera employment appeal
Appeals Court Oral Arguments · February 10, 2026
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Summary
Appellant argues that trial testimony introduced performance criticisms not disclosed in pretrial materials, prejudicing an indirect-evidence discrimination case; appellee says discovery and internal memos disclosed performance concerns and witnesses were identified.
Christopher Trumby, arguing for appellant Susan Olivera, told the panel that the trial judge allowed testimony suggesting Ms. Olivera "was not a good manager" and that such criticisms were introduced after the plaintiff rested, depriving the plaintiff of notice and the ability to rebut. "We never…
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