EMPLOYEE WORKED AT FIRM HIRED BY OPPOSING PARTY
After a “damage expert” was disqualified from testifying in a New York County Supreme Court case due to a “conflict of interest,” an appeal ensued.
And on its review of the record, the Appellate Division, First Department, noted that an expert witness can be removed from a matter when it was reasonable for a party to think that a “confidential relationship” existed and that “confidential or privileged information” was shared with that individual.
In this instance, the employee hired by the plaintiff’s expert had previously worked at another firm that had been performing services for the defendant. And given that the individual in question had reviewed the pertinent case related documents, assisted with drafting analysis, and attended meetings with defendant’s counsel, the AD1 thought that the defendant had a “reasonable expectation of a confidential relationship,” and that the “disqualification test” had been met here.
Think that’ll stand the test of time?
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DECISION