Privilege Square Dance: Plaintiff's Motion to Find Defendant's Documents Privileged Denied

Rice v. Honeywell Intern., Inc., 2007 WL 865687(E.D.Tex. Mar 15, 2007) (NO. CIV A 605CV330)
Judge: John Love
Holding: Plaintiff's Amended Motion to Compel DENIED
Interesting argument here.  Defendant initially claimed five documents were privileged, then decided that they weren't and produced them.  Plaintiff contended that they actually were privileged, and that by disclosing them defendant was waiving protection as to other documents of the same sort.  Judge Love held that they were not actually privileged (which is what defendant was claiming and plaintiff contested - keep good notes here as it's easy to get confused on this one), and therefore privilege was not waived by their production.