In re Fundamental Long Term Care, Inc.
In re Fundamental Long Term Care, Inc.
| Case Date: | 09/12/2014 |
| Citation: | 515 B.R. 874 (Bankr. M.D. Fla. 2014) |
| Court Type: | Federal District |
| Court: | Middle District of Florida (M.D. Fla.) |
| Judge: | Bankruptcy Judge: Michael G. Williamson |
| Issues: | Trustee was inadvertently provided privileged documents, and a request was filed to claw back the privileged documents. |
| Resolution: | The Court held that the 21 Kirkland & Ellis documents were privileged and trustee was obligated to return the documents. However, trustee was entitled to documents where Trans Health Management, Inc. (THMI) acted as a co-client with Trans Healthcare, Inc. and GTCR Group under the co-client exception to privileged documents. |
| Relevant Documents: | Motion to Determine Absence of Privilege and Motion to Compel (Doc. 129) Motion to Compel Return of Privileged Documents (Doc. 191) Memorandum in Support of Motion to Determine Absence of Privilege (Doc. 576) Response to Supplemental Memorandum on Waiver of Privilege (Doc. 591) |
| E-Discovery Issues: | Motion to Compel |
| E-discovery Tags: | Attorney-Client, Clawback, Privilege |
| E-discovery subjects: | Database, Email |