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Terence M. Ridley, Wheeler Trigg O’Donnell LLP, Denver, CO, recently obtained an order from the U. S. District Court of Colorado, in the case of Carroll v. Allstate, granting sanctions against and disqualifying a well-known, national, plaintiffs expert – Gary Fye. Fye testified at trial in the State Farm v. Campbell where the jury awarded $145M in punitive damages over and award of $1M in compensatory damages. The United States Supreme Court reversed and remanded the judgment in this case in 2003.

Terence sought to sanctions because Fye’s Rule 26 expert report was deficient and did not comply with the requirements of Rule 26. In addition, during is deposition, Fye engaged in obstreperous conduct. The court agreed, striking Fye’s testimony in the case and awarding Allstate’s fees against Fye. Interestingly, the court stated that Fye’s “tactics are offensive to the judicial process.”

Well done, Terence!

Do you have a triumph to share? Send a brief summary and a recent photograph to David Fuqua at dfuqua@fc-lawyers.com


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