In Re: Kayla Fox, Plaintiff v. William Alfini, Jr., D.c.; and Brady Chiropractic Group, P.c., Defe — Samour, J…

Summary

Justice Samour, dissenting, would have made the rule to show cause absolute because the district court resolved conflicting evidence and made credibility determinations from affidavits and other exhibits without holding an evidentiary hearing. He concluded that the district court's paper-record findings were entitled to no deference because the court had not observed live witnesses and therefore lacked the usual basis for assessing credibility. Justice Hood, specially concurring, joined the majority but suggested that the work product doctrine may provide protection for consultation materials in similar circumstances.