Legal Opinion

Teleglobe USA, Inc. v. BCE Inc. (In Re Teleglobe Communications Corp.)

United States Bankruptcy Court, D. Delaware

Decided August 7, 2008No. 17-12758PublishedCited by 14 opinions

1Opinion of the Court

OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is a discovery dispute where the Plaintiffs seek the production of documents which the Defendants assert are protected by the attorney-client privilege or attorney work product doctrine (the “Motion to Compel”) and a related Motion of the Defendants to exclude testimony of the Plaintiffs’ experts as a sanction for the spoliation of information considered in forming their opinions (the “Spoliation Motion”). The Motions are opposed. For the reasons set forth below, the Court will deny both the Spoliation Motion and the Motion to Compel.

2Cases cited64 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  3. Jaffee v. RedmondSupreme Court of the United States · 1996
  4. Lori David v. Caterpillar, IncorporatedCourt of Appeals for the Seventh Circuit · 2003
  5. Eric Esher Schmid v. Milwaukee Electric Tool Corporation Eric SchmidCourt of Appeals for the Third Circuit · 1994

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3Cited by14 opinions

  1. Kaye v. Lone Star Fund V (U.S.), L.P.District Court, N.D. Texas · 2011
  2. Ecuadorian v. Chevron Corp.Court of Appeals for the Fifth Circuit · 2010
  3. Pritchard v. Dow Argo SciencesDistrict Court, W.D. Pennsylvania · 2009
  4. In re PersaudUnited States Bankruptcy Court, E.D. New York · 2012
  5. Quinn Construction, Inc. v. Skanska USA Building, Inc.District Court, E.D. Pennsylvania · 2009

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