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In re Recticel Foam Corp.

United States Court of Appeals for the First Circuit
859 F.2d 1000 (1st Cir. 1988)


Disgruntled employees of the Dupont Plaza Hotel in San Juan, Puerto Rico set a fire that killed 96 people and injured 140 more. The incident led to numerous lawsuits in which some 2,000 plaintiffs sued 200 defendants. The cases were consolidated, and the district court issued an expansive case-management order (CMO) to manage the discovery process. One of the defendants sought production of certain pictures and videos. The party in possession of the materials objected that the images and videos were protected by the work product doctrine, but ultimately agreed to waive the objection if a portion of the $600,000 cost of production was reimbursed. As a result, the court allocated the costs among all served defendants. Recticel Foam Corp. (RFC) (defendant) objected to the cost-sharing measures. The court denied RFC reconsideration, and RFC appealed to the United State Court of Appeals for the First Circuit.

Rule of Law


Holding and Reasoning (Selya, J.)

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