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: Decision of the DaySeventh Trashes Prominent Finance Professor
By Robert Loblaw
Emerald Investments Limited Partnership v. Allmerica Life Insurance, 07-1597 (7th Cir., Feb. 20, 2008)
The Seventh Circuit is well-known for trashing the reputation of lawyers who have the temerity to make the same minor technical errors that most other attorneys get away with on a daily basis. But sloppy lawyers aren?t the only targets for the Seventh?s venom.
Here?s what Judge Posner has to say about expert witness Stephen Buser, who also happens to be the Chair of the Department of Finance at Ohio State University. Buser was hired by an investment company to testify about damages in a complex contract case, but the district court ended up excluding both of his reports. Judge Posner lauds this decision, writing,:
Buser?s first report was so irresponsible as to justify the judge?s decision to exclude the second report summarily. Buser had demonstrated a willingness to abandon the norms of his profession in the interest of his client. Such a person cannot be trusted to continue as an expert witness in the case in which he has demonstrated that willingness, and perhaps not in other cases either.
With this throwaway line, Posner all but ensures that Buser will have to find a new way to supplement his teaching salary. I can?t help but wonder whether the Seventh would have had the same harsh words for a U. Chicago professor. Then again, the folks at Chicago probably know better than to try to put one over on their former colleagues.
Full post as published by Decision of the Day on February 20, 2008 (boomark / email).
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