DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
022168P.pdf 09/19/2002 Pepsico v. Baird, Kurtz
U.S. Court of Appeals Case No: 02-2168
Eastern District of Missouri
Civil case - Discovery. Court had jurisdiction to hear
the appeal under the collateral order doctrine because
this ancillary proceeding involves a non-party to the
underlying action and the underlying action is pending
in a district court outside this circuit; accounting firm
must produce quality control assessments prepared
before underlying suit was filed, as the district court
erred in finding the assessments were protected accounting
services and therefore within the scope of the Illinois
accountant-client privilege; accounting firm and bottler
were not required to disclose assessments prepared after
the filing of the underlying suit as those reports were
work product and Pepsico had not shown a substantial
need for them.