Thursday, August 17, 2006

6th Circuit Requires Disclosure of Work Product Furnished to Experts

From the eagle-eyed C.E. Petit, we learn that notwithstanding the ABA's view that attorney-expert communications should be privileged, the Sixth Circuit issued an opinion today holding that attorney work product transmitted to testimonial experts must be disclosed under Fed. R. Civ. P. 26(a)(2)(B). See Reg'l Airport Auth. v. LFG, LLC, No. 05-5754 (6th Cir. Aug. 17, 2006) (Suhrheinrich, Gilman, & Rogers, JJ.).


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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.