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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.)

Facts

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

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Issue

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Holding and Reasoning (Capra, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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