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Square peg, round hole. Ordinary work product claims not enough to keep settlement agreement from disclosure.

ABSTRACT: The Missouri Supreme Court recently issued a significant discovery decision in the case of Hill and Hill v. Wallach. The Court ruled that a car crash settlement is discoverable in a separate and unrelated negligence claim for an alleged injury caused by a malfunctioning hospital bed. In determining the discoverability of the settlement materials, the Supreme Court succinctly outlined the differences in ordinary work product and opinion work product and provided practitioners additional guidance as it relates to the protections of work product and waiver of those protections in Missouri personal injury cases.

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