By

Vincent McGuinness
Lawyers deposing experts often delve into matters pertaining to the witnesses’ compensation. Indeed, FRCP 26(a)(2)(B)(vi) contemplates that an expert’s report must contain "a statement of the compensation to be paid for the study and testimony in the case". However, at what point will questions probing the amount of income that an expert earns be considered...
In a case of first impression, the Pennsylvania Superior Court adopted the "bright line" rule, followed by a majority of jurisdictions, that all information considered by a testifying expert, including information typically protected under the attorney work-product privilege, is discoverable.In Barrick v Holy Spirit Hospital, No. 1856 MDA 2009 (Pa. Super. Sept.16, 2010), the court...