Alta Health Strategies, Inc. v. Kennedy

790 F. Supp. 1085 (1992)

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Alta Health Strategies, Inc. v. Kennedy

United States District Court for the District of Utah
790 F. Supp. 1085 (1992)

MP

Facts

Alta Health Strategies, Inc. (Alta Health) (plaintiff) brought a motion to compel answers to three of its interrogatories to Kennedy and O’Donnell (defendants). The interrogatories asked Kennedy and O’Donnell to state every basis for their claim that one of Alta Health’s—or its agents’— statements constituted an admission. Alta Health contended that the interrogatories were proper under Federal Rule of Civil Procedure (FRCP) 33(a)(2), which permits discovery of opinions and contentions that relate to fact and to the application of law to fact. Kennedy and O’Donnell objected to the interrogatories and resisted the motion to compel. Kennedy and O’Donnell claimed attorney-work-product protection under FRCP 26(b)(3). Kennedy and O’Donnell specifically fought the interrogatories under the part of the rule that protects an attorney’s thoughts and mental impressions from discovery.

Rule of Law

Issue

Holding and Reasoning (Anderson, J.)

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