Adam Leitman Bailey, P.C. Wins Important Expert Battle During Trial
In another victory for Adam Leitman Bailey, P.C., the firm took over from another law firm who had failed to introduce certain important evidence. Adam Leitman Bailey, P.C. successfully obtained an important decision allowing the firm to introduce that new and crucial expert testimony in the middle of an extensive trial in which millions of dollars were at stake.
Adam Leitman Bailey, P.C. was retained by defendants in the midst of trial, after attorneys are required to have disclosed the experts that they intend to call at trial and the opinion that those experts will give. After reviewing the file and the portions of trial that had already been completed, however, it became apparent to the firm that expert testimony on valuation was crucial to obtaining victory for the clients —but the counsel that had the case prior to Adam Leitman Bailey, P.C. had not retained such an expert, much less disclosed them or their opinion.
Despite the difficulty of introducing a new expert in the middle of trial, Adam Leitman Bailey successfully petitioned the Court to do so, overcoming objections from opposing counsel.
In its filings with the Court, Adam Leitman Bailey, P.C. argued that the new witness would be coming in as a rebuttal witness to refute statements by plaintiffs’ valuation expert. While even rebuttal witnesses normally must be disclosed before trial, the firm argued that the new expert was needed to rebut testimony by plaintiffs’ expert that plaintiffs had not disclosed prior to the trial — in other words, that the plaintiffs had surprised defendants with expert testimony that plaintiffs did not tell defendants about.
Specifically Adam Leitman Bailey, P.C. essentially argued that, while plaintiffs had disclosed that they were bringing a valuation expert to apply “generally accepted valuation methodologies,” plaintiffs’ expert had in fact been so deeply unqualified and that his opinion had strayed so far from accepted methodologies that defendants unexpectedly had to bring in an expert who could explain the right methodologies to use and why plaintiffs’ expert opinion was worthless.
Plaintiff’s counsel objected vigorously, pointing out that the defendants’ previous counsel had already unsuccessfully argued that plaintiffs’ expert was unqualified, and that defendants should not now get to relitigate that point. But Adam Leitman Bailey, P.C.’s extremely effective advocacy prevailed, and the Court allowed the crucial expert witness to testify for defendants.
Even when stepping in during the middle of a trial, Adam Leitman Bailey, P.C. was still exceptionally effective in obtaining the best outcome for the client.
Adam Leitman Bailey, Karen M. Chau, and Benjamin Rose of Adam Leitman Bailey, P.C., represented the client in this litigation.