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Behlar v. Hanlon

United States District Court for the District of Maryland
199 F.R.D. 553 (2001)


Facts

Behlar (plaintiff) filed a personal-injury case against Hanlon (defendant) in the United States District Court for the District of Maryland. During discovery, Behlar underwent a Federal Rule of Civil Procedure (FRCP) 35 physical exam by Hanlon’s expert, Dr. Robert Keehn. Behlar then sought discovery of income earned and work done by Dr. Keehn regarding other Rule 35 exams of plaintiffs in personal-injury cases for insurance companies and defense attorneys. Behlar contended that Keehn had been a defense expert for insurance companies for more than 20 years and wanted the discovery to impeach Dr. Keehn’s credibility by establishing bias. Behlar specifically sought to discover the total income Dr. Keehn earned in the previous five years, the amount Dr. Keehn earned conducting Rule 35 exams, hours spent in that capacity, Dr. Keehn’s tax returns, a list of all insurance companies Dr. Keehn has been affiliated with, and a list of all cases in which Dr. Keehn provided his expert-witness services. Hanlon objected to the discovery.

Rule of Law

Issue

Holding and Reasoning (Grimm, J.)

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