In Re Jordan, Ann v. Terumo BCT

Summary

The court held that clients’ confidential communications to their attorneys remain protected by the attorney-client privilege even when they convey otherwise discoverable facts, although the underlying facts themselves remain discoverable from the clients. It also held that providing an expert with a factual spreadsheet did not waive privilege over communications the expert never saw or considered, and that the expert-disclosure rule required production only of information the expert considered. The court made the rule to show cause absolute and remanded for further proceedings, including any appropriate discovery of the facts directly from the plaintiffs.