This opinion shown above is an opinion of the United States District Court for the Northern District of Illinois. The plaintiff brought patent infringement litigation against three companies. Two of the companies retained an expert witness, Russell Hoseney, who testified that the patents were not valid. Eventually, the cases were resolved in favor of the defendants and the patents were found to be invalid.
The plaintiff then filed suit against Hoseney, alleging that Hoseney lied under oath and fraudulently misrepresented facts to the Court.
The District Court rejected these claims and granted Hoseney’s motion to dismiss on the ground that anything said or written in a lawsuit is absolutely privileged. Defend v. Lascelles, 500 N.E.2d 712, 714 (Ill.App.Ct. 1986).
If the plaintiff had a problem with Hoseney’s testimony, he should have cross-examined Hoseney or taken action in the cases in which Hoseney testified.
Edward X. Clinton, Jr.