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Mealeys

Mealey's Litigation Procedure - Presuit Investigation Does Not Constitute Waiver Of Privilege, Magistrate Rules

INDIANAPOLIS - The mere fact that a party engaged in an "unremarkable" investigation prior to filing suit does not automatically establish that the party relied on privileged materials in its claims thus resulting in waiver, an Indiana federal magistrate judge ruled Jan 30, denying a motion to compel by the plaintiffs in an abuse-of-process lawsuit (Ryan Gookins, et al. v. County Materials Corp., et al., No. 1:19-cv-00867, S.D. Ind., 2020 U.S. Dist. LEXIS 15326).
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