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In re New York Renu with Moistureloc Product Liability Litigation
United States District Court for the District of South Carolina
2008 WL 2338552 (D.S.C.)
Claimants (plaintiffs) brought thousands of claims against Bausch & Lomb (defendant) alleging contamination of its contact lens solution, Renu with MoistureLoc. The claims were consolidated into federal-state, multidistrict litigation applying New York state law. Bausch & Lomb hired public relations firm Hill and Knowlton to consult about statements made to the public about the contaminated solution. In response to discovery requests, Bausch & Lomb’s vice president and general counsel Robert Bailey produced a privilege log identifying some e-mails from Bausch & Lomb executives that implicitly sought Bailey’s legal advice as protected from disclosure by attorney-client privilege. However, some of the e-mails had also been routed to the public-relations consultants. The court appointed a special master to determine whether the e-mails nonetheless retained attorney-client privilege.
Rule of Law
Holding and Reasoning (Capra, J.)
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