Questione giuridica chiave
Whether the private expert report dated 2009-11-06 was admissible as new evidence before the Federal Supreme Court
Decisione estratta
The report was inadmissible because the appellate judgment itself did not newly prompt its submission.
Motivazione estratta
Art. 99(1) BGG allows new evidence only if the appellate decision itself gives rise to it; a later private report on already litigated matters is a prohibited nova.