Peterson v. Bernardi, 2009 WL 2243988 (D.N.J. July 24, 2009)

Key Insight: Where plaintiff sought the return of allegedly inadvertently produced privileged documents, court found most documents were not actually privileged and thus not subject to return and noted that even if the documents had been privileged, plaintiff failed to establish that all elements of FRE 502 were met such that waiver did not occur; as to nine documents determined to be ?obviously work product,? and in light of the facts of the case (involving the wrongful conviction of an innocent man), the court found that ?the interests of fairness and justice? demanded their return

Nature of Case: Wrongful imprisonment

Electronic Data Involved: Inadvertently produced communications and other allegedly privileged documents (format unspecified)

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