Can I sue an expert witness for giving a fraudulent report? 17 Answers as of February 20, 2012

Can I sue an expert witness if I can prove that the expert witness (and defendant) made fraudulent misrepresentations in sworn Affidavit in summary judgment motion submission, and the judge relied on such and dismissed my case? It is different than business type of fraud, because the parties were defendant, judge and me. The fraudulent misrepresentations were about my condition and made to the judge. But I suffered the direct damage.

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Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
This will be very difficult and expensive to try. You should consult with an attorney to discuss the details.
Answer Applies to: Texas
Replied: 10/31/2011
Attorney & Counselor at Law
Attorney & Counselor at Law | John Hugger
I have never researched your issue and it would depend upon whose expert it was. An expert should always be truthful but much of what they testify to is their opinions (that is why they are established in Court as "experts".
Answer Applies to: Colorado
Replied: 10/31/2011
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
I believe you can file a suit for this. There is some precedent for the action from cases where retained experts did similar things. However, you were not in a contract relationship so the cause of action would be different. I would have to know more about what happened.
Answer Applies to: Alabama
Replied: 10/28/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
If you can prove that it was fraudulent then you should be able to re-argue the motion.
Answer Applies to: New York
Replied: 10/27/2011
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
Usually, the way to prove the falsity of testimony in court is with testimony from a witness of your own. If the judge believed your opponent's expert testimony, it not likely that you would have much chance of obtaining satisfaction by suing the expert witness after your opponent won. Perhaps you should have retained an attorney to advise you before your unfortunate result.
Answer Applies to: Washington
Replied: 10/27/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    Generally, an expert witness has immunity from suit for testimony made to a court.
    Answer Applies to: Utah
    Replied: 10/27/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    You may have an abuse of process claim. Speak to an attorney with the documents in hand so the details can be discussed.
    Answer Applies to: California
    Replied: 10/27/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Possibly, but doubtful: Typically, an expert offers his/her opinion to the court. That opinion might be based on be based on "facts" that are incorrect, but it is up to the judge to determine whether to accept the expert's opinion. Then, there's the question that, if the expert's opinion had not been accepted, your case might have been dismissed anyway, or if not dismissed, you might not have been ultimately successful at trial.
    Answer Applies to: New York
    Replied: 10/27/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Anyone can sue anyone. In this case, your lawsuit would be dismissed.
    Answer Applies to: Montana
    Replied: 10/27/2011
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    You "can" sue them but the case is not going anywhere but to dismissal, and here is why. At the summary judgment phase you had the opportunity to file an objection and an affidavit raising a genuine issue of material fact. If the "expert" made fraudulent misrepresentations, that was the point at which to call this to the court's attention. Now, a judgment has been entered and so those facts form the basis of a court judgment.
    Answer Applies to: New Hampshire
    Replied: 10/27/2011
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    The burden to prove fraud is a heavy burden to bear and you will likely have to hire an expert of your own to testify in that regard. However, if you can prove the fraud and can prove damages proximately caused by it, you can recover. It will just be a very tough row to hoe.
    Answer Applies to: Indiana
    Replied: 2/20/2012
    McKell Christiansen
    McKell Christiansen | Michael McKell
    You could certainly bring an action for fraudulent misrepresentation. In Utah, the Plaintiff is required to plead with particularity so your proof would have to be rock solid or I doubt you would find ever find an attorney to take the case.
    Answer Applies to: Utah
    Replied: 10/27/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If you can prove fraud I don't see any reason why not. How will you prove fraud? Because most expert evidence is opinion evidence. If the opinion was based on fraudulent evidence and the evidence was produced by the expert then why not. I cant tell from this small bit of information what you think is fraud and how you think you will prove it. See a good litigator and take his advice.
    Answer Applies to: North Carolina
    Replied: 10/27/2011
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Richard Martin
    Your immediate remedy is to file a motion to alter or amend judgment. However, it might require you to bring forth evidence to show that the affidavits were false. The law often imposes strict time deadlines in relation to final judgments. Consult an experienced trial attorney immediately to secure any rights or remedies you may have.
    Answer Applies to: Kansas
    Replied: 10/27/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Suing a witness for an opinion is very difficult and your burden of proof that the parties collaborated fraudulently will be very high. That being said, and depending on the quality and admissibility of the proof you have, certainly an expert may be sued for a fraudulent report.
    Answer Applies to: Louisiana
    Replied: 10/27/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    You certainly have available remedies, including probably a suit for fraud against the expert if you think you can prove fraud. You could also try to reopen your old case if you can prove that it was decided on false evidence.
    Answer Applies to: Florida
    Replied: 2/17/2012
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