While I am a big fan of market forces determining an expert's billing rates, there has been an interesting ruling recently that has led me to re-think this philosophy, at least in specific situations. In this matter, one party (plaintiff) hired a neurosurgeon expert at a staggering 5000.00 for the first hour, 2,000 an hour thereafter, which of course is their right. If they want to pay an expert that amount, well, good for them. But when the opposing party (defendant) has to pay for the expert's time in a deposition, they got stuck with that rate as well. Is this fair?

In her Dec. 30 ruling, (Crawford v. American Legion Ambulance Association) a New Jersey federal magistrate judge thinks its not, calling $7,000 for two hours work "near to being extortionate".

Check out the whole story here.

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