Legal Opinion

McKinstry ex rel. BD Unsecured Creditors Trust v. Genser (In re Black Diamond Mining Co.)

District Court, E.D. Kentucky

Decided March 19, 2014No. Civil No. 13-125-ARTPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

AMUL R. THAPAR, District Judge.

Like a tornado, this bankruptcy case has a tendency to suck in everyone in its path. In this latest dispute, Black Diamond’s lawyers at Jones Day are caught in the whirlwind. The trustee charged with pursuing claims against Black Diamond’s former officers has moved for complete access to Jones Day’s records regarding the company. Jones Day vigorously contests that demand, asserting work-product protection. But just as Jones Day may not invoke work-product protection directly against its own client, Black Diamond, the firm may not deny…

2Cases cited47 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Hickman v. TaylorSupreme Court of the United States · 1947
  3. United States v. NoblesSupreme Court of the United States · 1975
  4. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  5. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010

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3Cited by3 opinions

  1. Benson v. Jo-Ann V Fisheries, LLCDistrict Court, D. Rhode Island · 2024
  2. SCHWARTZER v. PISANELLI BICE, PLLCUnited States Bankruptcy Court, D. Nevada · 2023
  3. TCV VI, L.P. v. TradingScreen Inc.Court of Chancery of Delaware · 2018

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