We’ve posted before about the changes to Rule 26 that, as of December 1 prevent discovery of work product – including prior drafts – that pass between attorneys and their hired experts. Well, we thought you’d like to know that there’s at least one judge out there who thinks that these changes are such a great idea that he’s decided to apply them retroactively to cases that were filed prior to that date. See Daugherty v. American Express Co., 2011 WL 1106744, at *5 (W.D. Ky. March 23, 2011).
Not surprisingly, of course, it was a plaintiff who got let off the hook in Daugherty – but the shoe could be on the other foot, so we thought we’d pass the news (and the citation) along.