An expert witness has the right to sue the lawyer who hired him, a federal judge has ruled, on a theory that the lawyer’s alleged decision to "white out" the words "draft report" on the expert’s preliminary findings led to ethics charges against the expert and a suspension from his professional academy.
In his 26-page opinion in Graboff v. The Colleran Firm , U.S. District Judge Joel H. Slomsky also ruled that Dr. Steven R. Graboff may pursue claims against the American Academy of Orthopaedic Surgeons for tortious interference with contractual relations, commercial disparagement, defamation and false light invasion of privacy.
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