This is a devastating blow to the cases against State Farm, so serious that it is hard to imagine how those cases will go forward. It is really sad for the plaintiffs in those cases– who now have really spectacular malpractice claims against some folks with some deep pockets (assuming that their claims against State Farm had merit to begin with).
But it is really encouraging to see this clear and unequivocal holding that you cannot pay fact witnesses to testify in a case. The Frisby Corp. defendants in Eaton Corp. v. Frisby Corp. should be encourage to see that holding, but I think they already had this figured out.
FOLO
4/4/8
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