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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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