O/T - Judge Declares Mistrial in Clemens Case

[Exhibitman]

That's a good judge! Alllowing garbage like that to happen can make a huge mess. I had something very similar happen on the very 1st case I was helping to try (I was 2nd chair in a commercial case). There had been allegations of drug use by the sales rep from our client by a terminated distributor who was suing for damages for wrongful termination of his distributorship. We'd done extensive discovery on the point--even taken the plaintiff to court successfully to get him ordered to divulge the evidence--the plaintiff gave us no information, and we made a motion before trial to exclude evidence not revealed in discovery, which the judge granted. The plaintiff's CEO then told a sordid story of alleged drug use by the defendant's sales rep, one that he'd never disclosed in discovery right on the issue, and said his confronting the sales rep was the reason for the termination. Our judge let it go and the jury hammered the defense with a huge verdict. It was reversed on appeal because of the discovery orders and failure to disclose, but what a nightmare.

[ls7plus]

Originally Posted by Exhibitman

That's a good judge! Alllowing garbage like that to happen can make a huge mess. I had something very similar happen on the very 1st case I was helping to try (I was 2nd chair in a commercial case). There had been allegations of drug use by the sales rep from our client by a terminated distributor who was suing for damages for wrongful termination of his distributorship. We'd done extensive discovery on the point--even taken the plaintiff to court successfully to get him ordered to divulge the evidence--the plaintiff gave us no information, and we made a motion before trial to exclude evidence not revealed in discovery, which the judge granted. The plaintiff's CEO then told a sordid story of alleged drug use by the defendant's sales rep, one that he'd never disclosed in discovery right on the issue, and said his confronting the sales rep was the reason for the termination. Our judge let it go and the jury hammered the defense with a huge verdict. It was reversed on appeal because of the discovery orders and failure to disclose, but what a nightmare.

Isn't it constantly amazing, Adam, that the magnitude of the stakes involved in the litigation is almost always directly corrolated to the nastiness of the tricks pulled by the litigants in seeking to create whatever advantage they can. I remember we had some truly serious damages in a medical malpractice case, and the defendant physician, realizing he was in serious trouble, took it upon himself to change/falsify his medicat treatment records pertaining to the plaintiff, with the intention of letting himself off the hook. Unfortunately, this particular defendant doctor had forgotten that he had previously given a complete copy of the records in their original, unaltered form to the plaintiff/patient shortly before suit was brought. Needless to say, we had little difficulty insettling that one to our advantage!

May your practice be capitivating and rewarding, and not tedious and boring.

All the best,

Larry