Judge documents work product confusion

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 19, 2020 12:07 PM

Spotting widespread confusion about work-product privilege and the “in anticipation of litigation” requirement under precedent from the 7th U.S. Circuit Court of Appeals, Chief U.S. District Judge Nancy J. Rosenstengel — ruling on CSX Transportation’s motion to compel production of 213 documents concerning an audit and special investigation that prompted Alton & Southern Railway to sue CSX for $20 million in southern Illinois — found 150 district court opinions that used the “because of” standard, 80 that applied the …

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