Coates v. AC & S, Inc.
Court of Appeals for the Eastern District of Louisiana
133 F.R.D. 109 (E.D. La. 1990)
Relevant factsFree
Charles Coates (plaintiff) died allegedly from mesothelioma; before his death, tissue samples were taken and sent to experts retained by both Coates and AC & S, Inc. (defendant), with AC & S's experts designated under Rule 26(b)(4)(B) as non-testifying experts retained in anticipation of litigation. Coates moved to depose those experts or obtain their reports, which AC & S resisted based on the rule generally shielding non-testifying expert opinions from discovery.
IssueFree
Whether, when a party sends a tissue sample to an expert for review, any other party may discover the results of that review.