Coates v. AC & S, Inc.
Court of Appeals for the Eastern District of Louisiana
133 F.R.D. 109 (E.D. La. 1990)
Charles Coates (plaintiff) died, allegedly from peritoneal mesothelioma. Before Coates’ death, both he and AC & S, Inc. (defendant) took tissue samples from his body and sent the samples to their respective experts. AC & S sent the samples to several experts, who were designated under Rule 26(b)(4)(B) as experts retained in anticipation of litigation but who will not testify at trial. Coates filed a motion requesting either to depose these witnesses or to obtain copies of the witnesses’ reports.
Rule of Law
Holding and Reasoning (Schwartz, Jr., J.)