Hi Eric,
Youre not really attacking the experts credibility, but rather that of the plaintiffs attorney and his/her case-in-general, so I wouldnt think its truly appropriate.
That said, I certainly think its fair game to try. How far the judge lets you go if pltf objects is, Im pretty sure, within the Courts discretion and not subject to review.
Good luck, Carl
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On Nov 7, 2024, at 4:37?PM, list
? *** Member’s Message ****
Sender: Eric Strober
Date: 11/7/2024 4:33:57 PM
Hi all, In an upcoming trial plaintiff started with 4 theories of liability. When challenged on a MSJ, they only opposed or addressed 2, essentially conceding that they could not support the other two claims initially made. Is it fair game to cross the expert on the fact that plaintiff initially brought two totally unsupportable claims and abandoned them when challenged?
Eric Strober????
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