Smith v. James C. Hormel School of the Va. Inst. of Autism, 2010 WL 3702528 (W.D. Va. Sept. 14, 2010)

Key Insight: Court declined to find privilege was waived as the result of a significant delay in identifying withheld privileged communications where defendants were aware that the pro se plaintiffs had consulted with counsel but failed to follow up regarding the existence of privileged communications, where defendants were not prejudiced by the delay, and where the court found no evidence of bad faith, but, noting that one plaintiff was a lawyer and should have known of the disclosure requirements, imposed a monetary sanction equal to defendant?s fees and costs for bringing the motion to compel

Nature of Case: Alleged violation of the Individuals with Disabilities Education Act

Electronic Data Involved: Privileged emails

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