Magistrate Judge: Employee Can Be Deposed Despite Counsel's Ex Parte Talks

Magistrate Judge: Employee Can Be Deposed Despite Counsel's Ex Parte Talks

DAYTON, Ohio - A federal magistrate judge in Ohio on March 23 ruled that a current employee for a defendant company in a Comprehensive Environmental Response Compensation and Liability Act (CERCLA) lawsuit can be deposed, even though counsel for the plaintiff engaged in ex parte communications with him because the discussions did not progress after the attorney learned that the worker was involved with the disposal of hazardous waste at the plaintiff's facility (Hobart Corporation, et al. v. Waste Management of Ohio, et al., No. 10cv00195, S.D. Ohio; 2012 U.S. Dist. LEXIS 39841).

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