- 25 - obvious that Laney is intelligent, perceptive, cautious, and self-protective to a fault. He generally refused to concede anything he thought might be to his disadvantage, no matter how clear the matter was. We are convinced that, if Laney understood that the Department of Justice conceded his entitlement to a $16.3 million deduction in exchange for his dropping his Court of Claims suit, then (1) Laney would not have proceeded to drop that suit unless he had the Department of Justice’s concessions in writing, (2) Laney would have preserved this writing, and (3) Laney would have produced this writing for the record in the instant case. Petitioners did not present any such written settlement agreement or any evidence that there ever was a written settlement agreement. From the foregoing we infer that (1) there was not a written settlement agreement, and (2) there was no oral concession by the Department of Justice that Laney would be entitled to the claimed deduction in consideration for dropping his Court of Claims suit. On the first day of the trial petitioners offered into evidence an affidavit by Henry. Laney explained that the affidavit was offered as an expert witness report. The Court indicated doubt that the affidavit would so qualify but noted that ordinarily an expert witness report “is admissible if it is identified [and adopted] by the expert at the trial and the expert is made available for cross examination.” The CourtPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011