Court Adopts Variation of Bizarre Privilege Principle
By EsqSocial Corporation 27/12/24
Several courts have adopted a nonsensical principle that, as one court put it, “[w]hen documents are prepared for dissemination to third parties, neither the document itself, nor preliminary drafts, are entitled to immunity.” Burton v. R.J. Reynolds Tobacco Co., 170 F.R.D. 481, 485 (D. Kan. 1997). Stated bluntly, that does not make sense. But even some circuit courts have adopted that curious approach....
By: McGuireWoods LLP