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Allen v. International Truck and Engine Corp.

No. 1:02-cv-0902-RLY-TAB, 2006 WL 2578896 (2006)

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Allen v. International Truck and Engine Corp.

United States District Court for the Southern District of Indiana
No. 1:02-cv-0902-RLY-TAB, 2006 WL 2578896 (2006)

SC

Facts

Greg Allen and others (plaintiffs) sued International Truck and Engine Corporation (International Truck) (defendant) for a racially hostile work environment. Robert Boardman, general counsel of International Truck, consulted with outside counsel David Parsons. As a result of this consultation, Boardman hired a private investigator to determine whether the Allen lawsuit was legitimate. Boardman did not inform the investigators which employees were plaintiffs in the lawsuit. As part of the investigation, investigators pretended to be International Truck employees and spoke undercover to International Truck employees, including some of the plaintiffs. Parsons and his law firm advised Boardman throughout the investigation. Boardman and Parsons received daily reports of the progress of the investigation. Despite these facts, Parsons told the court that he and his law firm were not involved in the investigation. The firm’s involvement, however, was revealed when International Truck inadvertently filed legal billing records. Allen filed a motion to impose sanctions on Boardman, Parsons, and other attorneys involved. International Truck argued that the attorneys did not instruct the investigators to speak to any plaintiffs and that any communication was minimal and non-substantive.

Rule of Law

Issue

Holding and Reasoning (Baker, J.)

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