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: Sports Law BlogTestimony of Expert Witness for Hamburg Almost Leads to a Mistrial
By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman
There are two problems here. First, apparently the outline was not disclosed to ATP's counsel. Second, an expert witness' opinion must be his own opinion -- if he is testifying on the stand from the lawyer's outline, then he is merely parroting the lawyer's opinion. Kaplan notes that at one point during his testimony, Zimbalist corrected MacGill and asked him if he asked the right question. The ATP called for a mistrial and the judge dismissed the jury at noon, at least five hours early. The judge said he would consider striking the testimony from the record and told the lawyers after discussing the issue, ?Well, I have seen it all.?
Who would have thought that an antitrust case could bring such Matlock-type excitement....
Full post as published by Sports Law Blog on July 25, 2008 (boomark / email).
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Expert Witness Article
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