The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Friday, September 15, 2006

Experts relying on other witnesses' deposition testimony

Can an expert use deposition testimony evidence that would otherwise be inadmissible? Court says yes.

In U.S Information Sys. vs. IBEW Local Union No. 3, AFL-CIO, court allows anti-trust expert to "quote summaries of depositions, even those containing hearsay, to convey his view of the economic background in which the events in this case took place and his expert opinion on whether such economic conditions tend to show market dominance"

The defendants in the case argued "that '[t]here was no economics or science to [the anti-trust expert witness]'s analysis: he simply read parts of the record then reached a verdict." The court found otherwise. and said the expert "applied his expertise to the facts contained in those depositions and drew conclusions from them"

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