In ESOP Discovery Dispute, Court Affirms Protection of Expert Drafts Under Rule 26

BVLaw
Court Case Digests
January 25, 2019
3624 Carbon and Graphite Products
327992 Ground or Treated Mineral and Earth Manufacturing
discovery
expert testimony, breach of fiduciary duty, deposition, disclosure, discovery, fair market value (FMV), overpayment, valuation report, employee stock ownership plan (ESOP), attorney-client privilege

Acosta v. Wilmington Trust, N.A.
2019 U.S. Dist. LEXIS 12410
US
Federal Court
Ohio
United States District Court
James A. Krillenberger (plaintiff/DOL); Mark A. Rule (defendant/trustee)
Gwin

Summary

In ESOP case, court, citing Rule 26 of federal rules of civil procedure, denies defendant trustee’s motion to compel disclosure of information related to DOL expert’s prior work in valuation industry and expert’s other work for DOL on ESOP-related matters.

See Also

Acosta v. Wilmington Trust, N.A. (II) (Graphite)

In ESOP case, court, citing Rule 26 of federal rules of civil procedure, denies defendant trustee’s motion to compel disclosure of information related to DOL expert’s prior work in valuation industry and expert’s other work for DOL on ESOP-related matters.