Thompson v. The Haskell Co.
United States District Court for the Middle District of Florida
65 F. Empl. Prac. Cas. (BNA) 1088 (1994)
Thompson (plaintiff) sued Haskell (defendant) for sexual harassment, claiming the harassment reduced her to severe depression, and sought to shield from discovery a diagnostic review and personality profile prepared for her prior counsel by Dr. Lucas, arguing Rule 26(b)(4) protected the facts and opinions of an expert retained in anticipation of litigation whom she did not intend to call at trial.
Whether, under Federal Rule of Civil Procedure 26(b)(4), facts or opinions held by an expert retained in anticipation of litigation are discoverable on a party's showing of exceptional circumstances warranting disclosure due to the impracticability of obtaining the facts or opinions on the same subject by other means.