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‘Barrick v Holy Spirit Hospital’ ‘attorney work product’ ‘experts’ ‘Pennsylvania law’ ‘Galvin v. Pepe’ ‘bright line test’ ‘subrogation ‘expert discovery’
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...