United States Ninth Circuit

In a Title VII racial discrimination action, plaintiff's petition for a writ of mandamus challenging a decision finding that any attorney-client or work product privilege between plaintiff and his prior attorney was waived and ordering the production of all thirty-five documents referenced in a privilege log is granted where: 1) plaintiff only waived privilege with respect to his communications with prior counsel about defendant, as well as counsel's communications and work product relating to counsel's interaction with defendant, and thus the district court clearly erred in finding a blanket waiver of the attorney-client and work product privileges as to the entire case; and 2) the district court's order finding a blanket waiver was "particularly injurious" to plaintiff's interests.

Appellate Information

• Decided 05/12/2010
• Published 05/12/2010

Judges

Court

• United States Ninth Circuit

Counsel