Kenneth Lee Baker Steven Robert Baker, Melissa Thomas v. General Motors Corporation, in Re: General Motors Corporation

By allowing a litigant to assert privilege to suppress contradictory evidence, today’s opinion gives a litigant free rein to make assertions contradicted by the litigant’s own documentary evidence without being branded as untruthful. The district court correctly held that this is an abuse of evidentiary privilege because it permits a party to adhere to what appears to be an unequivocal position when contradictory evidence is available but inadmissible. I find fault with the majority’s legal reasoning and with the policy implications of its opinion. Accordingly, I respectfully dissent.

I.…