Wednesday, February 23, 2011

Superior Court En Banc Re-Argument Scheduled in Barrick v. Holy Spirit Hospital

As the writer of the amicus brief on behalf of the Pennsylvania Defense Institute in favor of the defense position, I just received notification from the Pennsylvania Superior Court that the Re-Argument en banc in the case of Barrick v. Holy Spirit Hospital has been scheduled to take place on April 5, 2011.

You may recall that Barrick v. Holy Spirit Hospital is the case in which the Superior Court originally held that communications from an attorney to the medical expert retained on behalf of that attorney's client were discoverable, particularly where, as in this case, the trial court judge found that the Plaintiff's attorney's communications to his expert would have "materially impacted" that expert's opinion in the matter. The Superior Court later withdrew its Opinion when it granted the Plaintiff's Petition for Re-Argument en banc.

Interestingly, the Superior Court has scheduled the argument to take place at the MMI Preparatory School, 154 Centre Street in Freeland, Pennsylvania.

Here is a link to a prior Tort Talk post offering more background on the case:

http://www.torttalk.com/2010/09/amicus-curiae-position-advocated-for.html


Here's a link to the amicus curiae brief I filed on behalf of the Pennsylvania Defense Institute:

http://www.jdsupra.com/post/documentViewer.aspx?fid=13d479ae-68e2-41c2-8279-492075821e68

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