212898P.pdf   08/26/2022  Elizabeth Zick  v.  Paccar, Inc.
   U.S. Court of Appeals Case No:  21-2898
   U.S. District Court for the Northern District of Iowa - Eastern   
   [PUBLISHED] [Wollman, Author, with Colloton and Shepherd, Circuit Judges] 
   Civil case - Products liability. Plaintiff's expert's second report was 
   untimely under the discovery orders in the case, and the district court 
   did not abuse its discretion by excluding it from plaintiff's 
   case-in-chief or in admitting the written and photographic contents of the 
   report on rebuttal, or by excluding the report's videos from the entire 
   case; the district court did not abuse its discretion by concluding that 
   plaintiff had failed to show the good cause required under Fed. R. Civ. P. 
   16(b)(4) to modify the scheduling order after the court declared a 
   mistrial; plaintiff failed to object to admission of testimony regarding 
   defendant's "state-of-the-art" defense, and did not preserve the issue for 
   appeal; considering the claim under the plain error standard, the district 
   court did not plainly err in admitting the testimony as the witnesses were 
   testifying based on their extensive industry experience, and Iowa law 
   permits industry custom as evidence of the state of the art; even assuming 
   the district court erred in admitting testimony on what plaintiff claims 
   were irrelevant industry standards, the evidence was unlikely to have had 
   more than a slight influence on the verdict.