Ranger Constr. Indust. v. Allied World Nat’l Assur. Co. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Ranger Constr. Indust. v. Allied World Nat’l Assur. Co.

Ranger Constr. Indust. v. Allied World Nat’l Assur. Co.

Case Date: 02/05/2019
Citation: 2019 U.S. Dist. LEXIS 18617
Court Type: Federal District
Court: Southern District of Florida (S.D. Fla.)
Judge: Federal Magistrate Judge: William Matthewman
Rule(s): Rule 26 (b)(5)(B) Fed. R. Civ. P. ; Rule 502 Fed. R. Evid.
Issues:

Whether inadvertent disclosure of documents covered by attorney client privilege acted as a waiver of that privilege, where the party claiming privilege complied with Rule 26(b)(5)(B)? Moreover, does the lack of a Rule 502 Clawback agreement between the parties affect this result?

Resolution:

Yes and no. The Court found where a party takes reasonable steps to prevent the inadvertent disclosure and rectify inadvertent disclosures under Rule 26(b)(5)(B), that party is entitled to have those documents returned, sequestered, or destroyed.

Additionally, where reasonable, the inability to produce the exact bates numbers of inadvertently produced privileged documents does not prevent a party from rectifying inadvertent disclosure under Rule 26(b)(5)(B).

Lack of a Rule 502 Claw Back agreement does not change this result. However, the Court strongly urges all parties in disputes including ESI and electronic discovery to execute Rule 502 Clawback agreements (footnotes).

 

Relevant Documents:

Defendant’s Motion to Disqualify Plaintiff’s Counsel (Doc. 185) 

Plaintiff’s Response to Defendant’s Motion to Disqualify Plaintiff’s Counsel (Doc. 190) 

Amended Order Denying Defendant’s Motion to Disqualify Plaintiff’s Counsel (Doc. 219) 

E-Discovery Issues: Motion to Disqualify, Waiver of Privilege
E-discovery Tags: Bates Stamping, Clawback, Privilege
E-discovery subjects: Computer

Published: February 11th, 2019

Category: Uncategorized


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