BIE Health Products brought a motion seeking production of expert instructions, communications between the Attorney General (AG) and its experts (Dr. Barbara Menzies and Errol Soriano), expert notes and draft reports, an updated AG List of Documents, and the unredacted version of an inadvertently disclosed document.
The court dismissed all aspects of BIE's motion, finding that expert instructions were adequately disclosed, no reasonable grounds existed to suspect undue interference with expert independence to warrant disclosure of communications or drafts, and the inadvertently disclosed document was subject to solicitor-client privilege.
Costs were awarded to the AG.