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Appeals court weighs scope of discovery for consulting expert in Kenview (formerly J&J) litigation
Summary
Kenview Brands (formerly Johnson & Johnson Consumer Inc.) told the appeals panel it seeks to overturn a trial court ruling that quashed subpoenas to a consulting expert (Dr. Bauer); the dispute centers on whether pre‑retention materials and certain third‑party communications are discoverable under Rule 26(b)(4)(B).
Robin McGuire, representing Kenview Brands, asked the panel to overturn a Superior Court order that quashed subpoenas seeking communications and materials from Dr. Bauer, a scientist the plaintiffs described as a consulting expert tied to a consensus statement about prenatal acetaminophen exposure. McGuire argued that (1) pre‑retention materials and third‑party communications about who declined to sign the consensus statement are…
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