(1) Defendant has made a prima facie showing that the district court exceeded its discretion by dismissing defendant’s third-party complaint as a rule 37 discovery sanction when third-party did not move for the sanction.
(2) The district court exceeded its discretion by excluding evidence as a rule 26 sanction for defendant’s failing to disclose himself as a potential witness when that failure was harmless.
(3) The district court erred in granting summary judgment on breach of employment agreement claim in light of genuine issue of material fact.