Leibel v. General Motors Corp.
Michigan Court of Appeals
1Opinion of the CourtSaad, P.J.
I. NATURE OF THE CASE
Plaintiffs attached to their complaint a document (identified as the “Toth Memo”) that General Motors (GM) says is protected from use in this litigation by the attorney-client privilege and the work-product doctrine. This document was prepared by a GM in-house lawyer, Gary Toth, and renders legal advice to agents of GM regarding ongoing products liability litigation involving alleged defectively designed seat-backs in rear-end collisions.
Plaintiffs say that the Toth Memo is not privileged because (1) the document is essentially factual, not legal, and (2) GM waived its…
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