Intellectual Ventures II LLC v. FedEx Corporation et al, 2-16-cv-00980 (TXED February 26, 2018, Order) (Gilstrap, USDJ)
Wednesday, February 28, 2018
Special Liaison Appointed to Investigate Expert’s Availability to Testify Following Medical Event
The court deferred ruling on defendants' motion to substitute one of its experts and appointed a special liaison to help determine whether the expert would be able to proceed at trial. "Subsequent to his retention, [the expert] experienced a medical event, which occurred at or near the time of his deposition [last month]. . . . [T]he Court has concluded that an experienced non-physician liaison is appropriate to facilitate further informational development in this matter and that appointment of a non-physician liaison is preferable to appointing a different neurologist. . . . As special liaison in this regard, [the liaison] shall gather and report information from [the doctor who examined defendants' expert], and all other available, material sources, regarding [the expert's] ability to recover and testify [at trial in 3 months], or some other future date."