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Monday, August 07, 2023 4:58:53 PM
The Court then said the following:
THE COURT: Two quarters after how many years?
THE WITNESS: After three years of large losses. Actually, four
years of large losses.
THE COURT: They turned the world around?
THE WITNESS: Yes.
THE COURT: After two quarters? And everybody should jump
at that. Sorry. I’ll try not to interject. I can’t resist sometimes.
Id. at 110:21-111:4. After Plaintiffs’ counsel asked, and Dr. Attari confirmed, that several
executives had given testimony about sustained profitability, the Court then interjected again:
THE COURT: I mean, these two companies brought the whole
country to a halt. And all of a sudden, after two quarters,
everything’s wonderful?
The Court had previously asked Plaintiffs’ expert witness, Dr. Bala Dharan, a similar but
more neutrally-phrased question on the same topic:
THE COURT: To be fair there, Doctor, that’s a very short period of time
where they were profitable. They had a long period where they weren’t
profitable. Maybe you need to explain to the jury how you project the future
when they had such a long period, when they weren’t profitable.
* * *
THE WITNESS: The housing market – that’s why I showed data on the
turnaround, the housing market, the loading of the credit losses, the
improvement in the credit portfolio that they had. So these are very critical
features. And the fact that the DTA is dependent on making an assessment
on these. It is really the change in the housing market is the most important
information to consider for future profits.
Trial Tr. at 75:2-9.
The comments from Friday August 4, 2023 warrant a curative instruction.
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