The Witness Box

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

Wednesday, January 10, 2007

Damage expert services will cost their own client millions

Source: http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1168263432906

Broward, Fla., Circuit Judge Leroy Moe ruled Monday that Motorola willfully violated court orders during a $10 billion trade secrets trial late last year. In violation of the judge's order Motorola placed experts on the stand who previously had read other witnesses' testimony. The ruling could expose the electronics giant to millions in fines, attorney fees and trial costs.

The plaintiffs, SPS Technologies, will get a new trial. SPS attorneys also asked Judge Moe to fine Motorola $118 million -- $100 million in sanctions, $11 million in attorney fees and $7 million in costs. The amount of attorney fees, costs and sanctions to be levied against Motorola will be determined in a later hearing.

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1 Comments:

  • At 10:52 AM, Anonymous The Rick said…

    Interested, I read the referenced article on the case. Motorola's attorney argues that his client did not willfully (knowingly?) violate the sequestration order. Implicit in this assertion is that the damages expert himself did violate the order by reading opposing expert's testimony.

    I suppose that the judge did not believe this, hence the resultant $118M fine. Ouch. Surely, MOT can/will appeal. That aside, I suppose this is an object lesson in ensuring that your witnesses understand what sequestration means.

     

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