In re Polaris, Inc.
Minnesota Supreme Court
967 N.W.2d 397 (2021)

- Written by Kate Douglas, JD
Facts
Polaris, Inc. (defendant) recalled over 100,000 all-terrain vehicles due to a fire risk. The Consumer Product Safety Commission (CPSC) subsequently notified Polaris that it was investigating whether Polaris had complied with the Consumer Product Safety Act’s reporting requirements in connection with the recall. Until the CPSC’s investigation was complete, an enforcement action remained possible. Polaris retained counsel to conduct an audit regarding its safety policies and processes. Said counsel did not represent Polaris in connection with the recall or the CPSC’s investigation. Counsel produced a written report entitled “Embracing Safety as a Business Priority.” The report’s express purpose was to improve the company’s ability to address safety concerns. Parts of the report addressed regulatory requirements and interpreted relevant regulations, but other portions contained recommendations for improving safety, design, and corporate practices. Senior management and the board received copies of the report. Colby Thompson (plaintiff) sued Polaris after his Polaris vehicle caught fire. Polaris inadvertently produced counsel’s audit report in discovery. Polaris asserted that the report was protected by the attorney-client privilege in its entirety and therefore moved to claw it back. The special master found that the report’s primary purpose was to give business advice to management and the board. The special master therefore denied Polaris’s motion but ordered that any privileged portions of the report be redacted. The district and appellate courts affirmed. The Minnesota Supreme Court granted review.
Rule of Law
Issue
Holding and Reasoning (McKeig, J.)
Dissent (Anderson, J.)
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