Legal Commentary

Looking for other lines of work

By Tom Kirkendall

So Professor Buser, what did you plan on doing as a side occupation after your expert witness career? Judge Posner wants to know:

Buser?s initial report proposed that if permitted by Allmerica to continue its market-timing trading, Emerald would have earned an annual rate of return on its investment of 34 percent for 20 years, for a discounted present value of $150 million. That was a preposterous estimate, properly excluded by the district judge under Fed. R. Evid. 702. . . .

Buser?s first report was so irresponsible as to justify the judge?s decision to exclude the second report summarily. Buser had demonstrated a willingness to abandon the norms of his profession in the interest of his client. Such a person cannot be trusted to continue as an expert witness in the case in which he has demonstrated that willingness, and perhaps not in other cases either.

Full post as published by Houston's Clear Thinkers on February 21, 2008 (boomark / email).