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Judi Lynn

(160,545 posts)
Thu Feb 5, 2015, 06:39 PM Feb 2015

Judge defends $1M fine against lawyer over banned testimony

Source: Associated Press

Judge defends $1M fine against lawyer over banned testimony
By MARYCLAIRE DALE, Associated Press | February 5, 2015 | Updated: February 5, 2015 3:27pm

PHILADELPHIA (AP) — The judge who lodged a nearly $1 million fine against a Philadelphia-area lawyer believes she intentionally elicited banned testimony that caused a mistrial — and then lied about it.

The judge concluded that Berwyn lawyer Nancy Raynor failed to instruct a witness that he could not say the patient in a medical malpractice case against her client had smoked. Raynor, who was defending a doctor, had vigorously fought the judge's pretrial ruling.

Still, she insists that her expert blurted out the smoking reference despite her warnings weeks earlier and just before he took the stand.

Philadelphia Common Pleas Judge Paul Panepinto said that Raynor's story has changed repeatedly since the 2012 trial.

"Raynor's determination to try this case in her own way and against the rules of this court, with a lack of fairness to other parties, culminated in her willful elicitation of barred testimony from Dr. (John) Kelly," the judge wrote in an opinion Wednesday.


Read more: http://www.chron.com/news/us/article/Judge-defends-1M-fine-against-lawyer-over-banned-6064873.php

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Judge defends $1M fine against lawyer over banned testimony (Original Post) Judi Lynn Feb 2015 OP
Banned testimony is such a stupid idea. christx30 Feb 2015 #1
I don't believe a word in your story. AngryAmish Feb 2015 #3
I don't either. Fortinbras Armstrong Feb 2015 #6
Methinks your uncle embellished Kelvin Mace Feb 2015 #4
I had this done to me and still makes me mad. AngryAmish Feb 2015 #2
Sheesh. Glad that douchebag will be off the bench soon. SunSeeker Feb 2015 #5

christx30

(6,241 posts)
1. Banned testimony is such a stupid idea.
Thu Feb 5, 2015, 06:59 PM
Feb 2015

Yes, it may bias a jury against someone, but sometimes those details are necessary.

My uncle used to run a furniture store in Dallas. One night a guy broke in there. He cut himself on some glass. He sued my uncle for his injuries. My uncle was not allowed to bring up the fact that the man was commiting a crime when he was injured. The criminal won the suit.
Those details would have let the truth come out. Instead we have a jury that ruled against my uncle without the right information. The accident was entirely preventable. The criminal failed to steal from my uncle through illegal means, so he got it through the courts.

Fortinbras Armstrong

(4,473 posts)
6. I don't either.
Fri Feb 6, 2015, 08:47 AM
Feb 2015

This is definitely urban legend territory. In fact, I just went to Snopes, and she dismisses a variant of that story as bogus.

 

Kelvin Mace

(17,469 posts)
4. Methinks your uncle embellished
Thu Feb 5, 2015, 10:08 PM
Feb 2015

The commission of a felony is germane in such a case and would never be excluded by the court. Part of any type of "slip & fall" suit is establishing time and place.

Now, that does not mean a criminal cannot sue for injuries sustained while breaking the law, anyone can sue anyone, for any reason. Whether a judge/jury will buy it is a different story.

Another issue would be whether the guy breaking in had actually been tried and convicted of a crime. If he was tried and acquitted, or never charged, then claiming he broke in might not be admissible, and could possibly be actionable in and of itself as defamatory.

 

AngryAmish

(25,704 posts)
2. I had this done to me and still makes me mad.
Thu Feb 5, 2015, 07:04 PM
Feb 2015

Basically it was a Corporate council for Chicago, spent the entire trial violating court orders on motuon in limine, then called my black client lazy, thought his crippling back injury like winning the lottery and called a lawsuit a ghetto lottery ticket. I lost the trial since I drew a bad venire and could only seat 3 black jurors.

Reversed on appeal, and Eddie Burke signed off on a low 7 figure settlement thereafter.

The lawyer was hyperconnected (his brother was a head of a city department.) Got appointed to the bench shortly thereafter, then won an uncontested appellate court election . When he retires in a few years at 55 he will have, by my estimation a 250k pension.

Can you tell I'm still hot?

SunSeeker

(51,574 posts)
5. Sheesh. Glad that douchebag will be off the bench soon.
Fri Feb 6, 2015, 12:21 AM
Feb 2015

Even if it is costing us taxpayers $250k/year. That's some kind of sweet retirement package you got for judges in Chicago.

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