Can Expert Statements Inadvertently Waive Protection?

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Talk about pre-trial expert issues that can cause heartburn . . . try these on for size: When are opinions held by a non-testifying expert discoverable by an opposing party, and, if protected, can statements made to an opposing party operate to waive that protection?

In a June 5th decision on a motion to compel discovery of an opposing party’s non-testifying expert, a federal district court in Iowa has issued a ruling addressing these sticky issues in a breach of implied warranty and breach of contract case.

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