Va. Judge Nixes Defense's Expert Witness, Finding Previous Work With Opposing Counsel Created 'Serious' Conflict of Interest
"The serious nature of the conflict of interest in this case, if unaddressed, would cause irreparable harm to Plaintiff while undermining the fairness and integrity of these proceedings," the court wrote.
October 23, 2023 at 05:38 PM
6 minute read
A federal court in Virginia has ruled that an expert witness for the defense is conflicted out of a personal injury lawsuit because she previously discussed serving as an expert in a Pennsylvania case with plaintiffs counsel, who shared privileged communications and attorney work product about the Virginia matter.
According to the Oct. 10 opinion by U.S. District Judge Thomas T. Cullen of the Western District of Virginia, the John Doe plaintiff was as student at Turner Ashby High School when then-principal Phil Judd and school guidance counselor Sandy King allegedly failed to protect him from sexual abuse at the hands of former drama teacher Wesley Dunlap, according to the opinion.
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