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Wright v. Old Gringo, Inc.

Court denies defendants’ Rule 37 motion to exclude opposing expert’s report and testimony; court notes reason for expert report’s lateness was defendants’ litigation strategy, including efforts to thwart production of financial information vital for valuation of company and damages calculation.

Court Finds Delayed Disclosure of Expert’s Complete Report ‘Substantially Justified’

Court denies defendants’ Rule 37 motion to exclude opposing expert’s report and testimony; court notes reason for expert report’s ...

Parties fight over notes-containing expert report: draft or final version?

Several sessions at the recent AICPA conference in Las Vegas highlighted the importance of expert discovery in litigation and noted that draft reports continue to be a hot-button issue.

County of Maricopa v. Office Depot Inc.

In denying defendant’s pretrial motion to exclude plaintiff’s expert testimony under Daubert and Rule 37, which specifies sanctions for failure to make disclosures or cooperate in discovery, court finds note-containing version of expert report is a draft not subject to discovery under Rule 26.

Expert Report Containing Notes Qualifies as Draft Not Subject to Discovery

In denying defendant’s pretrial motion to exclude plaintiff’s expert testimony under Daubert and Rule 37, which specifies sanctions for failure to make disclosures or cooperate in discovery, court finds note-containing version of expert report is a draft not subject to discovery under Rule 26.

Nonowner spouse obtains discovery of valuation-related info from owner spouse’s medical practice

A Florida divorce case prompted an important discovery ruling from the appellate court as to a nonowner spouse’s right to access documents and information regarding the owner spouse’s interest in a large medical practice.

Hall v. Hall

In discovery dispute, appeals court says trial court’s protective order in favor of medical practice is too broad; nonowner spouse may obtain information shedding light on value of owner spouse’s ownership interest; operating agreement requiring use of book value may not be controlling here.

Medical Practice Must Produce Information Bearing on Spouse’s Ownership Value

In discovery dispute, appeals court says trial court’s protective order in favor of medical practice is too broad; nonowner spouse may obtain information shedding light on value of owner spouse’s ownership interest; operating agreement requiring use of book value may not be controlling here.

ESOP court denies discovery of DOL expert’s prior work for government

In an ongoing ESOP litigation, the defendant trustee’s effort to obtain information on the DOL expert’s prior valuation work for the government was thwarted.

Galasso v. Cobleskill Stone Products

New York appellate division upholds the trial court’s order to disclose a valuation report, finding the appraisal was relevant to the litigation and done for estate tax purposes and therefore was not “of a legal character”; the attorney-client privilege does not apply, court says.

Court Explains Why Valuation Report Is Discoverable

New York appellate division upholds the trial court’s order to disclose a valuation report, finding the appraisal was relevant to the litigation and done for estate tax purposes and therefore was not “of a legal character”; the attorney-client privilege does not apply, court says.

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

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.

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.

‘Mixed-purpose’ valuation is discoverable, New York court rules

When it comes to document discovery, the “why and “when” matter greatly, as a recent New York ruling centering on a valuation report makes clear.

Noven Pharmaceuticals v Novartis Pharmaceuticals

In breach of contract action, court finds defendant’s valuation report is discoverable; report is relevant to an issue in dispute and not protected by attorney-client privilege or work-product doctrine where valuation was not done solely in anticipation of litigation but had mixed purpose.

Court Finds Defendant’s Valuation Had ‘Mixed Purpose’ and Orders Disclosure

In breach of contract action, court finds defendant’s valuation report is discoverable; report is relevant to an issue in dispute and not protected by attorney-client privilege or work-product doctrine where valuation was not done solely in anticipation of litigation but had mixed purpose.

Expert notes are subject to discovery, 11th Circuit says

We recently reported on a case in which annotated expert draft reports were subject to discovery notwithstanding Federal Rule of Civil Procedure 26(b)(4). Valuation professionals who frequently work on federal cases also need to know that Rule 26 does not protect expert notes and nonattorney communication, as an important 11th Circuit ruling explains.

Georgia-Pacific Analysis Satisfies Apportionment Requirement, Court Says

Court says under federal discovery rule applicable to expert testimony annotated draft expert reports are discoverable as to comments one expert made to other expert’s draft report and as to portion of the draft to which comment was made.

Marked-up draft expert reports may be discoverable

Federal discovery rule 26 expressly protects draft expert reports from discovery. But experts testifying in federal court know that this protection is by no means absolute. Questions as to the scope of protection persist, and a recent discovery ruling in a patent infringement case makes clear that concern over the strength of protection is warranted.

Compromised Section 1031 appraisal sinks Exelon tax strategy for fossil fuel power plant sale

U.S. Tax Court Judge David Laro frequently has cautioned experts not to give in to hiring attorneys who want to shape the appraisal. Although federal and state discovery rules offer some protection for attorney-expert communication, there is a risk of exposure and with it a risk of damage to the expert’s work product and reputation. A recent Section 1031 case, which Judge Laro handled, illustrates what happens when the communication is discovered.

Court Clarifies Rule 26 Protection for ‘Reporting’ and ‘Non-reporting’ Experts

Court says background information in expert’s report is what Rule 26 has in mind in requiring statement of “the facts or data considered by the witness” in forming his opinion; court clarifies discovery rules to communication with nonreporting expert.

Luminara Worldwide, LLC v. Liown Elecs. Co.

Court says background information in expert’s report is what Rule 26 has in mind in requiring statement of “the facts or data considered by the witness” in forming his opinion; court clarifies discovery rules to communication with nonreporting expert.

Court Clarifies Rule 26 Protection for ‘Reporting’ and ‘Non-reporting’ Experts

Court says background information in expert’s report is what Rule 26 has in mind in requiring statement of “the facts or data considered by the witness” in forming his opinion; court clarifies discovery rules to communication with nonreporting expert.

Bombardier Rec. Prods. v. Arctic Cat Inc.

Court says under federal discovery rule applicable to expert testimony annotated draft expert reports are discoverable as to comments one expert made to other expert’s draft report and as to portion of the draft to which comment was made.

Georgia-Pacific Analysis Satisfies Apportionment Requirement, Court Says

Court says under federal discovery rule applicable to expert testimony annotated draft expert reports are discoverable as to comments one expert made to other expert’s draft report and as to portion of the draft to which comment was made.

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