Defendant Precluded From Offering Deposition of Terminated Expert

​ The court granted plaintiff's motion in limine to preclude defendants from presenting the testimony by deposition of an expert whom they fired because it was unduly prejudicial. "'[D]epriving [plaintiff] of a key opportunity to challenge [the expert's] credibility' would be unfairly prejudicial . . . including [the expert's] role as an employee and then consultant to [defendants], his numerous instances testifying . . . and representations made as to the termination of his relationship with [defendants]. . . . Regardless of whether [defendants] may fairly be viewed as having 'procured' [his] absence, the Court agrees with [plaintiff] that 'it would be unfair to permit [defendants] to secure [the expert's] self-serving testimony . . . and thereafter fire him so that [defendants] can play his deposition to the jury and avoid the specter of his live testimony.' While [plaintiff] took extensive deposition testimony from [the expert] (evidently running to four days), [plaintiff] has had no opportunity to question him regarding his termination, and [defendants'] position would leave [plaintiff] with no fair opportunity to allow the jury to evaluate [his] credibility."

Greatbatch Ltd. v. AVX Corporation et al, 1-13-cv-00723 (DED July 20, 2017, Order) (Stark, USDJ)