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Republic of Ecuador v. Bjorkman

United States District Court for the District of Colorado

2012 WL 12755 (D. Colo. Jan. 4, 2012)

Relevant factsFree

The Republic of Ecuador (Ecuador) (plaintiff) brought an international arbitration proceeding against Texaco Petroleum Corporation, alleging environmental and health harms in Ecuador, and sought discovery from Bjorn Bjorkman (defendant), an environmental expert who had prepared expert reports for another company involved in related matters. After the arbitration tribunal authorized a subpoena, Ecuador sued Bjorkman in federal court when he refused to produce discoverable material, and Bjorkman argued the material was protected by attorney-client privilege and the attorney work-product doctrine.

IssueFree

Whether facts or data considered by an expert witness may be withheld from discovery solely because they were used or prepared in anticipation of litigation.

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