Wednesday, November 23, 2011

They Can't Do It To Us; We Can't Do It To Them

This just in.  In an important case concerning discoverability of expert materials in Pennsylvania, the en banc Superior Court has overturned a prior panel decision that allowed discovery of correspondence between expert witnesses and the lawyers who retained them.  Here's the opinion:  Barrick v. Holy Spirit Hospital, 2011 Pa. Super. 251, slip op. (Pa. Super. Nov. 23, 2011).  Both sides are limited to the expert discovery provided in the rules, that being "the substance of the facts and a summary of the grounds for each opinion."  Slip op. at 18.  Thus, Pennsylvania will not become home to the sort of expert discovery that the federal rules were recently amended to preclude.

1 comment:

Onyx said...

Thank you for sharing the appeal, it's a a really interesting case!