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Peterson v. Bernardi

United States District Court for the District of New Jersey
262 F.R.D. 424, District of New Jersey (July 24, 2009)


With the assistance of the Innocence Project, Larry Peterson (plaintiff) was released after serving 18 years in prison when DNA evidence cleared him of felony murder and aggravated assault. Thereafter, Peterson filed suit against the prosecutor, Robert Bernardi, an expert witness, and others (collectively Defendants) claiming Defendants’ wrongful conduct resulted in Peterson’s conviction. During the discovery phase, Peterson’s counsel inadvertently released numerous documents to Defendants that were alleged to be protected by the attorney-client privilege and work product doctrine. Peterson filed a motion to compel the return of the documents under Fed.R.Civ.P. 26(b)(5)(B). The district court heard Peterson’s motion.

Rule of Law


Holding and Reasoning (Schneider, J.)

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