(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 exhaust 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.
Source: findlaw.com