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an idiot. This isn't about what he had or didn't have in his system. This is about an attorney who just didn't do his job....
It's SOP for the other side to check an opposing expert's credentials. You want to know how often they are paid to testify, find all their published work, no matter how obscure, to try and show inconsistency in their opinion, things like that to try and discredit their opinions when they're on the stand. I can guarantee NASCAR never expected to find this.....
Since I have no reason to doubt a college administrator, at the very least Diehl and his office did not do due diligence when investigating this man. Not good for his firm and his reputation.
Yikes. You don't mislead a Court. Ever.
http://www.google.com/hostednews/ap/article/ALeqM5iIrJsPPI21aR09RlfXaGlJuFiysAD98RRGLO0
Mayfield’s attorney is
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One of which will be many salvos fired in this case... this is all about nothing until a judge rules on the merit of the motion.
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If this is true, it would appear their vetting process is poor to nonexistent.
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I'd assume this guy has been doing this type of work for awhile. Has this never come up before?
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If this is true, it would appear their vetting process is poor to nonexistent.Which is kind of surprising since Mayfield's lawyer is supposedly so good. But maybe he just wanted someone who would give the opinions he was looking for and was willing to ignore problems with his credentials to get what he was looking for. Even if the court throws out items of the suit connected to this expert a lot of people will probably still believe a lot of what he said to be true so it is probably still a win for Mayfield in the court of public opinion.
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I'd assume this guy has been doing this type of work for awhile. Has this never come up before?
If anyone has lost a case in the past where he has testified, it might come up now.
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... so it is probably still a win for Mayfield in the court of public opinion.
I don't see any way that this is a win for Jeremy.
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Mayfield's attorney telling Pockrass that the questioning of the credentials will be "simple to refute."
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Mayfield's attorney telling Pockrass that the questioning of the credentials will be "simple to refute."
Here's the thing - unless they come up with something proving NASCAR's allegations are completely false - like a diploma and official transcripts from the university THEY named as his alma mater, that denied it - under the name with the same spelling, with the same dates given to the Court, it's not so simple to refute.
When NASCAR got the case moved to Federal Court, it became a big deal...federal courts are much more strict in everything than state courts, especially procedural things. Plus, they sanction attorneys for many more things. The Judge's clerk will now have to research this "expert" independently to see what's going on. Seriously, even if they spelled his name wrong on the papers or something as dumb as that, if the court finds it was an intent to deceive, look for big sanctions against Diehl and Co.
On the other hand, if tney find NASCAR's allegations to be frivolous, sanctions work two ways.
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If this is true, it would appear their vetting process is poor to nonexistent.Which is kind of surprising since Mayfield's lawyer is supposedly so good. But maybe he just wanted someone who would give the opinions he was looking for and was willing to ignore problems with his credentials to get what he was looking for. Even if the court throws out items of the suit connected to this expert a lot of people will probably still believe a lot of what he said to be true so it is probably still a win for Mayfield in the court of public opinion.
This isn't about Mayfield right now....
Besides, as cute as the phrase is, the "court of public opinion" isn't getting Mayfield's NASCAR license restored - it's not like he's running for office, and whoever manipulates the press best wins - this is something real. Opinions are not important, facts are. And once something hits the courts, facts are only what can be proven through evidence.
