Experts can not base their opinions on matters precluded by law and because mediation briefs are not discoverable or admissible, a court can
exclude testimony of an expert witness who relied on material in a mediation brief to formulate an opinion.
Not exact matches
In Salvas v. Wal - Mart Stores, the SJC ruled that a trial court judge erred when he decertified the class action,
excluded testimony from the plaintiffs»
expert witness, and granted partial summary judgment in favor
of Wal - Mart.
After years - long discovery in a defense
of a False Claims Act action brought against a large healthcare company, including personally taking and defending more than twenty depositions
of fact and
expert witnesses, successfully
excluded testimony of plaintiff / relator's
experts and obtained complete summary judgment on all False Claims Act claims.