In Re Pioneer Hi-Bred International, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “fundamental fairness requires disclosure of all information supplied to a testifying expert in connection with his testimony”
• Rule 26(a)(2) “proceeds on the assumption that fundamental fairness requires disclosure of all information supplied to a testifying expert in connection with his testimony”
• Federal Circuit applying the privilege law of the Eighth Circuit in a patent case
• waiver of privilege applied to “reasonably contemporaneous” communications on same subject
• \Litigants should no longer be able to argue that materials furnished to their experts to be used in forming their opinions—whether or not ultimately relied upon by the expert—are privileged or otherwise protected from disclosure when such persons are testifying or being deposed.\
• “Thus, because any disclosure to a testifying expert in connection with his testimony assumes that privileged or protected material will be made public, there is a waiver to the same extent as with any other disclosure.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).