In a drawn-out attorney-client dispute most notable for raising questions about the propriety of a single judge hearing the case at two different levels, a state appeals court has remanded the matter because the client’s expert report didn’t get a fair shake back in 2012.
“We consider it fundamentally unfair for one party, on the day a trial is scheduled or shortly before the trial is scheduled to commence, to submit a dispositive motion—regardless of how it is captioned—supported by briefs or other pleadings, when all parties have not had an adequate opportunity to review and respond to such a motion,” the Appellate Division said Nov. 17 in Berman, Sauter, Record & Jardim v. Robinson.
