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Coates v. AC & S, Inc.

Court of Appeals for the Eastern District of Louisiana
133 F.R.D. 109 (E.D. La. 1990)


Facts

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.

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Issue

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Holding and Reasoning (Schwartz, Jr., J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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