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Koch Foods of Alabama, LLC v. General Electric Capital Corp.
United States District Court for the Middle District of Alabama
531 F. Supp. 2d 1318 (M.D. Ala. 2008)
Koch Foods of Alabama, LLC (Koch Foods) (plaintiff) brought suit against General Electric Capital Corp. (GE) (defendant) concerning the ownership of certain poultry processing equipment. On September 7, 2007, Koch Foods produced more than 3,700 pages of documents. In the middle of a 37-page lease agreement, there was the second-page of a three-page email exchange between the Chief Financial Officer of Koch Foods and Koch Foods’ counsel. Koch Foods learned of the disclosure of the email page when it was presented at the Chief Financial Officer’s deposition. Koch Foods immediately objected that the document was privileged, that the disclosure was inadvertent, and that the email had been identified in its privilege log. Koch Foods moved for a protective order. A magistrate judge granted the protective order.
Rule of Law
Holding and Reasoning (Thompson, Myron H., J.)
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