Defendants' Decision To Name Lawyer As Nonparty At-Fault Waived Privilege

Defendants' Decision To Name Lawyer As Nonparty At-Fault Waived Privilege

DETROIT - Rough drafts and communications between defendants and their former attorney, who drafted a memorandum that allegedly defamed a plaintiff construction company that won a bid to clean and coat the structural steel of the Mackinac Bridge in Michigan, are subject to disclosure pursuant to a discovery subpoena, a federal judge ruled April 12, explaining that the defendants' decision to name the attorney as the nonparty at-fault for the memorandum waived the attorney-client privilege (360 Construction Company Inc. v. Atsalis Brothers Painting Co., et al.,  No. 11-12344, E.D. Mich.; 2012 U.S. Dist. LEXIS 51520).

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