United States Ninth Circuit

In actions involving claims of environmental damage allegedly caused by an oil consortium, two district courts' decisions ordering the production of documents for use in a foreign proceeding under 28 U.S.C. section 1782 are affirmed, where: 1) the 2010 amendments to Federal Rule of Civil Procedure 26 did not fundamentally change the scope of work product protection for expert materials; and 2) Rule 26(b)(3) does not provide presumptive protection for all testifying expert materials as trial preparation materials.

Appellate Information

• Decided 01/31/2014
• Published 01/31/2014

Judges

• CALLAHAN

Court

• United States Ninth Circuit

Counsel