In litigation, one of the most powerful tools available to a trial attorney is the ability to use an opponent's own evidence against them. Billion Law did exactly that in Wang v. Injective Labs Inc..

On February 6, 2026, United States Circuit Judge William C. Bryson issued an Order confirming that our client, plaintiff Xin Wang, may call an expert witness retained and paid for by the defendant as a witness in the plaintiff's own case-in-chief at trial.

A Bold but Sound Strategy

The move is unconventional. Expert witnesses are typically thought of as belonging to the side that hired them. Calling the opposing party's expert as your own witness is not something most litigants — or even most attorneys — would consider.

But the law supports it. The Court reaffirmed a well-established but rarely invoked principle: expert witnesses do not "belong" to the party that retained them. Experts are obligated to testify impartially, and their opinions are available to all parties in the litigation. As the Court recognized, no party holds a proprietary right to the testimony of its own expert.

The Court's Order

Judge Bryson authorized the plaintiff to calldefendant's expert during the plaintiff's case-in-chief, subject to two conditions. First, the plaintiff must establish the expert's qualifications and the examination was to be limited to opinions already set forth in the expert report.

Within those boundaries, the plaintiff is free to present the defendant's own expert to the jury — on the plaintiff's terms, at the plaintiff's chosen moment in the trial.

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