14 B 34232, 16 A 691
Defendants asked the court to compel Plaintiff to produce documents identified as privileged, asserting that Plaintiff placed the documents “at issue” and waived privilege. Held: under federal law, at-issue waiver occurs when a party affirmatively puts at issue the specific communication to which the privilege attaches. Since Plaintiff did not assert a claim or defense that put any specific communications at issue, he did not waive the privilege.
Judge:
Date:
Tuesday, March 16, 2021