Considering New Expert Disclosure Requirements

Law360, New York (December 24, 2010, 10:05 AM EST) -- Until Dec. 1, 2010, Federal Rule of Civil Procedure 26(a)(2)(B) required disclosure of all information “considered” by a testifying expert in forming his or her opinions. See Amster v. River Capital Int’l Group LLC, No. 00 civ. 9708 (DC) (DF), 2002 U.S. Dist. LEXIS 13669, at *5 (S.D.N.Y. July 26, 2002).

Courts construed the term “considered” broadly as encompassing any materials “considered, reviewed or generated by the expert in forming the opinion,” regardless of whether the materials were actually relied upon by the expert. See Employees...
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