9th Circ. Clarifies Scope Of Rule 26 Expert Discovery

Law360, New York (February 19, 2014, 6:04 PM EST) -- Since Federal Rule of Civil Procedure 26 was amended in 2010, federal appellate courts have been slow to issue guidance about the scope of the attorney work-product protection afforded to expert witnesses and the materials in their files. Parties can reach agreements in advance about the scope of expert discovery — and often do — but when seeking answers after a dispute has ensued, the Ninth Circuit’s recent opinion tracks holdings from the Tenth and Eleventh Circuits and gives litigators important guidance: Do not interpret Rule...
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