Bank Brussels Lambert v. Chase Manhattan Bank, N.A.

175 F.R.D. 34 (1997)

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Bank Brussels Lambert v. Chase Manhattan Bank, N.A.

Unites States District Court for the Southern District of New York
175 F.R.D. 34 (1997)

MP

Facts

A group of lenders (Bank Group) sued borrowers for fraud related to a revolving credit agreement. Before and during the suit, significant financial discrepancies regarding the borrowers’ inventories were detected and both parties jointly hired Arthur Andersen & Co. (Anderson) to conduct a financial investigation. The seven-month investigation uncovered financial misconduct and Bank Group filed several more actions against various parties including Bank Paribas (Suisse) S.A. (BPS). BPS moved to compel depositions of nonparty Andersen. BPS argued that it wanted to depose Andersen as an ordinary fact witness and not as an expert; that Federal Rule of Civil Procedure (FRCP) 26(b)(4)(D) did not apply to shield Andersen from discovery; and even if Andersen was a nontestifying expert witness, exceptional circumstances existed that justified discovery. Andersen, joined by the Bank Group, opposed the motion and cross-motioned for a protective order, arguing that under FRCP 26(b)(4)(D), it was shielded from discovery as a nontestifying expert witness.

Rule of Law

Issue

Holding and Reasoning (Ellis, Mag. J.)

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