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Evidence Disclosed to Experts is Discoverable
The 1993 amendments to Rule 26(a)(2)(B) concerning disclosure of material
presented to an expert does not exempt "core" work product or limit
disclosure to factual material as opposed to mental impressions or opinions
of counsel. If the expert sees it, it's discoverable. Accord, Weil v.
Long Island Savings Bank FSB, 206 F.R.D. 38 (E.D.N.Y. 2001). See:
Construction Industry Services Corp. v. Hanover Ins. Co., 206 F.R.D. 43
(E.D.N.Y. 2002) (Wall, M.J.).
presented to an expert does not exempt "core" work product or limit
disclosure to factual material as opposed to mental impressions or opinions
of counsel. If the expert sees it, it's discoverable. Accord, Weil v.
Long Island Savings Bank FSB, 206 F.R.D. 38 (E.D.N.Y. 2001). See:
Construction Industry Services Corp. v. Hanover Ins. Co., 206 F.R.D. 43
(E.D.N.Y. 2002) (Wall, M.J.).
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Related legal case
Construction Industry Services Corp. v. Hanover In
| Year | 2002 |
|---|---|
| Cite | 206 F.R.D. 43 (E.D.N.Y. 2002) |
| Level | District Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
1. Constr. Indus. Servs. Corp. v. Hanover Ins. Co., CV00-1438 (ADS) (WDW), UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK, 206 F.R.D. 43; 2002 U.S. Dist. , January 25, 2002, Decided
OVERVIEW: On reconsideration, plaintiffs were order to produce certain documents or find a new damages expert where plaintiffs failed to meet their burden of proof in establishing that privilege attached to the disputed documents.
OVERVIEW: On reconsideration, plaintiffs were order to produce certain documents or find a new damages expert where plaintiffs failed to meet their burden of proof in establishing that privilege attached to the disputed documents.