5 ms·

The state of California is using him as a witness for their lawsuit against Amazon. Amazon lawyers are trying to discredit him. Amazon is not suing him directly

The state of California is using him as a witness for their lawsuit against Amazon. Amazon lawyers are trying to discredit him. Amazon is not suing him directly but they have discovery rights

nightpool 3y ago
That's what I assumed too, but the thread clearly says "And in response [to being a witness], Amazon served me with a lawsuit". So either he's misrepresenting the situation or Amazon is playing hardball and should face an anti-SLAPP
- hmoodie 3y ago
  likely just speaking imprecisely
balls187 3y ago
I don't think that is fully correct. Yes he is a witness to the State of California's case. However, if he had to turn over documents per Amazon's request as part of the State of California's case, he would be entitled to request Amazon pay for the costs to produce those documents (usually something in response like my hourly rate is $100/hr and it will take me 20 hours to produce). However, separately, Amazon has named him party to a lawsuit (what they are alleging is not disclosed), which allows Amazon to compel production of documents, and given he is a named party to the lawsuit, is fully responsible for the cost.
- ars 3y ago
  > he would be entitled to request Amazon pay for the costs to produce those documents Actually he would request that payment from California - they are the ones that hired him as an expert witness, not Amazon.
  - balls187 3y ago
    I don't know how it works in California, but in WA, the requestor pays.
    - ars 3y ago
      Even when the requestor is the defendant? That seems open to abuse: The government sues someone, and then they have to pay huge sums just to get the documents to defend themselves.
      - balls187 3y ago
        I'm not a lawyer, but there are many ways the legal system can be weaponized. My understanding is all evidence that can be used during trial must be turned over to the other party (barring some Perry Mason type last minute discovery that occurs during trial). If as a defendant, you request documents, and the cost to reproduce is so "huge" as to be a burden towards justice, I imagine you could take that to a judge with a motion to compel, and have the cost amount knocked down substantially.
- hnfong 3y ago
  > separately, Amazon has named him party to a lawsuit Is there a source for this? It seems very unlikely given the circumstances, including effect of the statute of limitations which seem to bar most plausible actions by this time...

The state of California is using him as a witness for their lawsuit against Amazon. Amazon lawyers are trying to discredit him. Amazon is not suing him directly but they have discovery rights

nightpool 3y ago

That's what I assumed too, but the thread clearly says "And in response [to being a witness], Amazon served me with a lawsuit". So either he's misrepresenting the situation or Amazon is playing hardball and should face an anti-SLAPP

hmoodie 3y ago
likely just speaking imprecisely

balls187 3y ago

I don't think that is fully correct. Yes he is a witness to the State of California's case. However, if he had to turn over documents per Amazon's request as part of the State of California's case, he would be entitled to request Amazon pay for the costs to produce those documents (usually something in response like my hourly rate is $100/hr and it will take me 20 hours to produce). However, separately, Amazon has named him party to a lawsuit (what they are alleging is not disclosed), which allows Amazon to compel production of documents, and given he is a named party to the lawsuit, is fully responsible for the cost.

ars 3y ago
> he would be entitled to request Amazon pay for the costs to produce those documents Actually he would request that payment from California - they are the ones that hired him as an expert witness, not Amazon.
- balls187 3y ago
  I don't know how it works in California, but in WA, the requestor pays.
  - ars 3y ago
    Even when the requestor is the defendant? That seems open to abuse: The government sues someone, and then they have to pay huge sums just to get the documents to defend themselves.
    - balls187 3y ago
      I'm not a lawyer, but there are many ways the legal system can be weaponized. My understanding is all evidence that can be used during trial must be turned over to the other party (barring some Perry Mason type last minute discovery that occurs during trial). If as a defendant, you request documents, and the cost to reproduce is so "huge" as to be a burden towards justice, I imagine you could take that to a judge with a motion to compel, and have the cost amount knocked down substantially.
hnfong 3y ago
> separately, Amazon has named him party to a lawsuit Is there a source for this? It seems very unlikely given the circumstances, including effect of the statute of limitations which seem to bar most plausible actions by this time...