This column reports on discovery decisions filed in February and March in New York-area federal courts. Southern District Magistrate Judge Judge Frank Maas held that the provisions governing expert disclosure contained in Rule 26 require production of material reviewed by an expert that would otherwise be protected as “core” work product. Southern District Judge Barbara Jones issued an order precluding experts from testifying to material contained in supplemental expert reports, because those reports referenced documents that were not timely produced. Southern District Judge Naomi Reice Buchwald took the unusual step of dismissing a plaintiff’s case with prejudice as a sanction for discovery misconduct which amounted to fraud upon the court. Finally, Southern District Judge Lewis A. Kaplan granted the government a limited stay of discovery in a civil action pending resolution of parallel criminal charges, even though the civil discovery was sought by a party other then the criminal defendant.
Work-Product and Expert Disclosure
