A law firm defending itself in a legal malpractice case took an unusual tack: trying to avail itself of the plaintiff’s expert — Fox News commentator and former New Jersey state judge Andrew Napolitano — while trying to impeach his ethics history.

Whether the judge would have allowed the strategy and how it would have played out with the jury will never be known, since the suit, U.S. Mineral Products Co. v. Anderson, Kill & Olick, 01-cv- 4936, settled, about two weeks into the federal court trial.

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