![]() In response to Poynter Law Group’s motion for summary judgment, the plaintiffs had argued that their former lawyers’ misconduct was so clear that they need not present expert testimony. ![]() The United States District Court of the Central District of California granted summary judgement in favor of the Poynter Law Group, holding that “the absence of any experts in support of Plaintiffs’ theory of malpractice liability is dispositive.” The District Court essentially ruled that, because the plaintiffs failed to present expert witness testimony in their case against their former lawyers, their case must be dismissed. They claimed that their former lawyers mishandled the case by failing to properly utilize the medical expert who testified on causation – in essence, alleging that, if their former lawyers had arranged for more of the flight attendants to be examined by the expert, they would have addressed the judge’s concerns regarding insufficient evidence. The judge in that case, however, found that, “t the end of the day, the Plaintiffs’ case borders on speculation” because there was insufficient evidence presented at trial “that the low levels of chemicals found in the uniforms could have cause their symptoms.”įollowing the dismissal of the underlying case, six of the flight attendants sued their former lawyers at the Poynter Law Group, alleging legal malpractice and breach of fiduciary duty. The plaintiffs alleged that the fabrics used in the uniforms they wore contained toxic chemicals, which caused them to suffer headaches, skin irritations and other afflictions. Poynter were part of a group of flight attendants who in the underlying action had engaged the defendant lawyers to represent them in a mass tort action against a manufacturer of uniforms. The holding is reflected in a memorandum opinion filed on May 18, 2020, by the United States Court of Appeals for the Ninth Circuit, in the case of Chastain v. California Lawyers Association Sometimes You Need an Expert WitnessĪ recent federal court holding reminds us of the importance of engaging and properly utilizing expert witnesses in litigation, especially in malpractice actions against lawyers. ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |