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IN RE CENDANT CORP. SECURITIES LITIGATION

No. 02-4386.

343 F.3d 658 (2003)

In re: CENDANT CORPORATION SECURITIES LITIGATION Ernst & Young LLP, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 16, 2003.

Attorney(s) appearing for the Case

Alan N. Salpeter, (Argued), Mayer, Brown, Rowe & Maw, Chicago, IL, Douglas S. Eakeley, Lowenstein Sandler PC, Roseland, NJ, for Appellant, Ernst & Young LLP.

Gregory L. Diskant, (Argued), Robert P. LoBue, Patterson, Belknap, Webb & Tyler, New York, NY, for Appellee, Cendant Corporation.

Herbert J. Stern, (Argued), Stern, Greenberg & Kilcullen, Roseland, NJ, for Appellees, James E. Buckman, Leonard S. Coleman, Jr., Christel DeHaan, Martin L. Edelman, Scott E. Forbes, Stephen, P. Holmes, Robert D. Kunisch, Michael P. Monaco, Brian Mulroney, Robert E. Nederlander, Robert W. Pittman, E. John Rosenwald, Leonard Schutzman, Henry R. Silverman, Robert F. Smith and John D. Snodgrass.

Daniel L. Berger, Bernstein, Litowitz, Berger & Grossmann, New York, NY, for Appellees, California Public Employees' Retirement System, New York State Common Retirement Fund, New York City Pension Funds.

Andrew Entwistle, Entwistle & Cappucci, New York, NY, for Appellee, State Board of Administration of Florida.

Before: SCIRICA, Chief Judge, AMBRO and GARTH, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

At issue on appeal is whether the "work product" of a non-testifying trial consultant in this case is privileged and subject to only limited discovery. Ernst & Young, LLP, and Cendant Corporation are co-defendants in a federal securities class action involving Cendant's alleged accounting fraud. The class action claims were settled, leaving claims asserted by Cendant and Ernst & Young against each other...

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