Tag: Privilege or Work Product Protections

1
D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019)
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In re: Search Warrant Issued June 13, 2019 (4th Circuit, 2019)
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Guardiola v. Adams Cty. School District No. 14 et al. (D.Col., 2019)
4
Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM (D. Kan. Sept. 20, 2019).
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Hawkins v. The Kroger Company (District Court of Southern California, 2019)
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United States and State of California ex rel. Higgins v. Boston Scientific Corp., No. 11-cv-2453 (D. Minn. Aug. 28, 2019).
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Bellamy v. Wal-Mart Stores, No. SA-18-CV-60-XR (W.D. Tex., 2019)
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Washington v. Geo Group, Inc. (District Court of Western Washington, 2019)
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In re Old BPSUSH Inc., No. 16-12373 (Bnkr. D. Del., 2019)
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Song et al v. Drenberg et al (N.D. Cal. , 2019)

D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019)

Key Insight: Privileged docs based on only state law must be produced in a case with both federal and state claims

Nature of Case: Medical malpractice

Electronic Data Involved: Responsive documents

Keywords: Privilege, state law

Identified State Rule(s): K.S.A. section 65-4925(a)

Identified Federal Rule(s): FRCP 26(b)

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In re: Search Warrant Issued June 13, 2019 (4th Circuit, 2019)

Key Insight: whether the government can create a filter team to go through documents that may be privileged

Nature of Case: money laundering and obstruction of a federal investigation

Electronic Data Involved: documents seized from a law firm that is subject to attorney client privilege

Keywords: filter team, attorney client privilege, work product, search warrant.

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Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM (D. Kan. Sept. 20, 2019).

Key Insight: Sanctions granted for first claiming withholding all responsive documents, then claiming there were no responsive documents. Protective Order violated by using information obtained under protective order to locate public information.

Nature of Case: false advertising/trademark infringement

Electronic Data Involved: Document related to claimed settlement achieved

Keywords: privilege, sanctions

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Hawkins v. The Kroger Company (District Court of Southern California, 2019)

Key Insight: whether discovery should extend beyond the period of the statute of limitations

Nature of Case: Breach of implied warranty of merchantability

Electronic Data Involved: e-mails

Keywords: label, trans fat, heightened showing

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United States and State of California ex rel. Higgins v. Boston Scientific Corp., No. 11-cv-2453 (D. Minn. Aug. 28, 2019).

Key Insight: Relator in FCA case reqeusted presentations by defendant to government during governmental investigation. Judge ordered defendant to produce the presentations.

Nature of Case: False Claims Act

Electronic Data Involved: presentations to government

Keywords: FCA, False Claims Act

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Bellamy v. Wal-Mart Stores, No. SA-18-CV-60-XR (W.D. Tex., 2019)

Key Insight: Properly clawed back privileged documents may not be relied upon for evidence in a case. However, if the contents of these clawed back documents demonstrates bad faith discovery conduct, then sanctions can still be awarded.

Nature of Case: slip-and-fall injury

Electronic Data Involved: inadvertently produced privileged documents

Keywords: clawback, bad faith, intent to deprive

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In re Old BPSUSH Inc., No. 16-12373 (Bnkr. D. Del., 2019)

Key Insight: A law firm’s investigative records prepared for a client may not be withheld on work-product grounds from that client or former client.

Nature of Case: bankruptcy

Electronic Data Involved: Law firm investigative records and forensic accounts

Keywords: work-product, mental impressions, investigative records

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