March 24th, 2011 by Rebekah Smith
The Defense in a lost profits/economic damages case usually has a difficult decision to make: whether or not to hire a financial expert. This decision can be an integral part of the overall strategy. On one hand, the Defense generally disagrees with the Plaintiff’s damage calculation and wants it to be adjusted. On the other hand, Defendants may not want to incur the extra cost of an expert, and by hiring an expert, the Defense worries the jury will assume damages should be paid no matter what. One way many Defense attorneys are making a compromise is to hire a financial expert to rebut the Plaintiff’s expert witness without creating a separate damage calculation.
In our most recent Forensic Perspective newsletter, I summarize a recent case from the California Court of Appeals that demonstrates an effective use of this strategy. In this case, the Defense benefited from the use of a damages expert who was able to cast sufficient doubt on the Plaintiff’s damage calculation. Click here to read the full article.