“As Virginia Surety recognizes, if a ruling denying intervention is overturned on appeal, the trial court can reopen discovery to allow the intervenor to catch up and, to the extent needed to avoid unfair prejudice, permit the intervenor to relitigate issues decided in its absence,” U.S. District Judge Matthew F. Kennelly of the Northern District of Illinois wrote.
“As Virginia Surety recognizes, if a ruling denying intervention is overturned on appeal, the trial court can reopen discovery to allow the intervenor to catch up and, to the extent needed to avoid unfair prejudice, permit the intervenor to relitigate issues decided in its absence,” U.S. District Judge Matthew F. Kennelly of the Northern District of Illinois wrote.
