AMERISOURCEBERGEN DRUG CORPORATION, Plaintiff, v. CURASCRIPT, INC., ET. AL., Defendants., 2007 Phila. Ct. Com. Pl. LEXIS 116

Summary

Counsel for defendant deposed a former officer of plaintiff, who had allegedly been involved in negotiations of an agreement between the parties. In response to questioning regarding his understanding of a liquidated damages provision (LDP) in defendant's agreement, the officer testified that it was to compensate plaintiff for any damages incurred relating to the deal. Once counsel for defendant finished his questioning, plaintiff's counsel questioned the officer and different testimony was evoked. Defendant sought discovery as whether the meaning of the LDP was discussed during a private off-the-record conversation between the officer and plaintiff's counsel in the midst of the deposition. The trial court granted the motion to compel the reopening of the deposition on the issue of the officer's private conversation with plaintiff's counsel. Upon plaintiff's appeal, the trial court recommended affirmance. It noted that the record supported a reasonable suspicion of bad faith conduct ...