From Bow Tie Law’s Blog:
In the epic legal battle over patents and floppy disk controller defects dating back to the 1980s and 1990s, the Defendants brought a motion to compel the Plaintiff, who was an employee of his own company, who did not regularly testify as an expert on the company’s behalf, to prepare an expert report for the Defendants. The Defendants also wanted the Plaintiff to submit to an additional four days of deposition testimony. Phillip M. Adams & Assocs., L.L.C. v. Fujitsu Ltd., 2010 U.S. Dist. LEXIS 27022, at *10-11 (D. Utah Mar. 20, 2010).
The Plaintiff had already testified for seven days.
The Defendants argued that since the Plaintiff had testified in seven other lawsuits as an expert witness, he was required to submit an expert report. Adams, at *12. However, in only one of those cases was the Plaintiff’s employer a party in the lawsuit.
Bow Tie Law’s Blog: When is an Employee Expert an Expert Who Must Prepare a Report?
