Coates v. Ac&S, Inc.

133 F.R.D. 109 (E.D.La. 1990)

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Nature of the Case

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Facts

Charles Coates allegedly died from peritoneal mesothelioma. Tissue samples were taken and sent to both P's and Ds' experts. Ds sent the samples to certain experts whom they have designated pursuant to Rule 26(b)(4)(B) as experts who have been retained in anticipation of litigation but who will not testify at trial. P now seeks to depose these experts or to obtain copies of any written reports including the results of all tests made and all conclusions of these experts. Ds oppose this motion on the grounds that Rule 26(b)(4)(B) does not permit the discovery of the opinions of experts who will not be called to testify at trial.