Exposing The Flaws Of An Expert Witness
Often a company’s first impression as it faces major litigation is that it has nothing to gain and everything to lose. It takes an experienced, savvy perspective to disclose the opportunities that may abound; to isolate and focus on the weaknesses in the opponent’s position; to chart a forward-looking strategy that can enrich the company even after the case concludes. Resolute legal teams succeed most decisively with the dedicated support of strong communications and investigative skills. End-goal: an even stronger marketplace position than before the lawsuit was filed.
PROBLEM
When several of its employees were assassinated in a pre-9/11 terrorist incident overseas, the company faced significant wrongful death claims supported by harsh expert witness criticism. The company was taken to task for exposing the victims to needless risk and providing inadequate security.
APPROACH
LEVICK Business Intelligence professionals launched a counter-offensive along three parallel tracks. First, they gathered and assessed a wealth of available information and data. Then they conducted a probing investigation of the opposing experts, the credibility of their prior statements, and their possible conflicts of interest. Finally, they identified and recruited experts for the client–the best and most persuasive available to debunk the plaintiffs’ assumptions and justify each action the company had taken, despite the outcome.
RESULTS
The plaintiffs’ main expert was discredited during deposition, thus removing from their side an asset the plaintiff’s legal team had come to view as a distinct advantage. Without the main expert’s testimony, the weight of all collected evidence was squarely on the side of our client. LEVICK Business Intelligence’s efforts allowed the defense to effectively, accurately and irrefutably explain why the tragedies occurred. The court returned a speedy verdict in favor of the defense.
