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Dunnington Obtains Jury Verdict Against Foley Hoag LLP In Dispute Over Unpaid Expert Witness Fee

By October 24, 2022No Comments

Dunnington recently prevailed in a jury trial in the District of Columbia Superior Court in Washington, D.C. in a claim against a law firm on behalf of an expert witness in commercial law seeking to recover an unpaid fee for expert services.  Salas provided an expert report and testimony at the request of Foley Hoag LLP in connection with an arbitration for Foley’s client the Venezuelan government.

Following a four day trial, during which Dunnington’s trial team repeatedly impeached two Foley attorney witnesses, the jury returned a verdict in favor of Dunnington’s expert witness client.

The central issue was breach of contract.  Through a series of email exchanges, the law firm hired Dunnington’s client in 2015 as an expert witness on Mexican commercial law.  Although Foley did not dispute the expert’s retention and work product, the law firm argued that Foley did not have to pay Salas until the law firm received payment from Venezuela.  Despite the court’s limitations on testimony regarding the Defendant’s revenue and size, Dunnington’s trial team repeatedly discredited Foley’s primary witnesses and convinced the jury to award not only the amount due but significant prejudgment interest.

Salas v. Foley Hoag LLP,  Case No. 2018 CA 008637 B (September 30, 2022).

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