Stan Chesley Not Testifying in Fen-Phen Trial

11/17/2008

According to the Courier Journal, in a surprising turn of events, Cincinnati lawyer Stan Chesley has indicated he will not testify as an expert for his former co-counsel, William Gallion, Shirley Cunningham and Melbourne Mills in their criminal Fen-Phen trial. Those familiar with this blog know that we have been following the criminal trial as well as the legal malpractice trial.  Chesley, a nationally known class-action plaintiff's attorney is the only one of the four lawyers involved in the Kentucky Fen-Phen settlement to not be indicted on criminal charges.  Chesley's refusal to serve as an expert will make it difficult for Gallion, Cunningham and Mills to claim they relied on Chesley's advice in how they divided the settlement; although they have now indictated attorney Richard L. Robbins of Atlanta will now serve as their expert (Stay posted to see if Judge Bertelsman allows this since they disclosed Robbins after the deadline).
In another interesting twist, Gallion and Cunningham have asked that the judge ban the prosecution from telling the jury that they are part owners of Curlin, the 2007 Preakness winner.
Hans Poppe