The plaintiffs in a securities class action brought a refusals motion seeking production of draft reports, correspondence, and invoices from the defendants' expert witness.
The expert had retained his own independent legal counsel to assist in researching and drafting his affidavit.
The court dismissed the motion, holding that the expert's consultation with his own independent counsel did not compromise his independence or impartiality.
Applying the principles from Moore v. Getahun, the court found that absent a factual foundation showing improper influence, the draft reports and communications were protected by litigation privilege.
