work product

Overcoming Work Product Objections that Relate to an Insurer's Claims Investigation

August 27, 2010 14:29

Last week's post, The Big Picture in Discovery of Insurer Claims Practices, discussed a case from the Supreme Court of Kentucky that provided an overview of how Courts tie together various principles of discovery that are generally raised in the discovery of bad faith cases. General rules of bad...

Discovery in Bad Faith and Consumer Protection Act Cases, Part I

August 20, 2010 15:05

In bad faith and Tennessee Consumer Protection Act cases, I routinely run into work product objections during discovery. Often these objections are made even as to reports and documents generated before the claim was denied. I believe work-product objections as to pre-denial materials are...

The "Draft" expert report - is it still discoverable in federal court?

July 25, 2010 18:10

The U.S. Supreme Court has apparently approved changes to the rules governing expert discovery in federal court. These changes are set to take effect December 1, 2010.  The most interesting, and the one drawing attention at this time, is the Supreme Court‘s exempting of drafts of...

Attorney-Client And Work Product Privileges Were Only Partially Waived

July 15, 2010 00:02

 Hernandez v. Tanninen, 604 F.3d 1095 (9th Cir. 2010) Rolando Hernandez alleged claims of race and national origin discrimination based on disparate treatment, retaliation, and a hostile work environment while he was employed as a mechanic in the Fire Shop of the City of Vancouver, Washington....

"Going through the Motions" Is Usually Not Enough to Compel Bad Faith Discovery From an Insurer

June 25, 2010 14:44

Almost every attorney has filed a Motion to Compel regarding discovery. Sure, we’ve won some. Of course, we’ve lost some. And we’ve all gotten the “granted in part and denied in part.” But how many times has your motion to compel been granted in a bad faith case? When...