In re Tri-State Outdoor Media Group (02-70596)

Analyzing Debtor’s Motion to Compel deposition testimony of the Official Committee’s testifying expert and to produce certain documents that had been withheld from discovery, the court reasoned under Rule 26(a)(2)(B) that the attorney-client and work product doctrine protections are trumped by the Rule 26 discovery rules pertaining to testifying experts. The court granted the motion in part, to the extent that the Official Committee had waived attorney-client privilege and work product doctrine protections in communications with and information given to/from the testifying expert.

Wednesday, September 4, 2002