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By: Matthew Jones
In the recent case of Day v. Johns Hopkins Health Sys. Corp., the U.S. Court of Appeals for the Fourth Circuit answered this question in the context of expert witnesses facing RICO violations. In the Day case, an expert witness testified that the evidence he reviewed regarding the coal miners’ claim for Black Lung Benefits Act benefits did not support those claims. After the claim was denied, the Center for Public Integrity alleged that the radiology unit at Johns Hopkins were much less likely to find cases of black lung disease than other doctors.
On appeal, it was argued that the expert witness misled the Court and the miners as to the standards he was applying, which amounted to a systematic violation of international standards. However, the Fourth Circuit reiterated the “absolute” nature of the litigation privilege for those witnesses who “aid the truth-seeking mission of the judicial system.” One important goal of this privilege is to prevent future witness participation deterrence or to be undermined by subsequent actions for damages arising out of the witness’s testimony.
If you have any questions or would like more information, please contact Matthew Jones at [email protected].