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Rhoads Industries, Inc. v. Building Materials Corp.

254 F.R.D. 216 (2008)

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Rhoads Industries, Inc. v. Building Materials Corp.

United States District Court for the Eastern District of Pennsylvania
254 F.R.D. 216 (2008)

Facts

Rhoads Industries, Inc. (Rhoads) (plaintiff) sued Building Materials Corporation of America, also known as GAF (GAF) (defendant) for breach of contract. In preparation for the lawsuit, Rhoads hired an information-technology consultant for advice on conducting a privilege review of its documents. Rhoads also tasked Ms. Buchinsky, an associate with no prior privilege-review experience, with overseeing the review. Rhoads used specialized computer software to conduct the review but was not sufficiently thorough in choosing keywords or in testing its search procedures. As a result, approximately 800 privileged documents were produced to GAF. GAF discovered the error and notified Rhoads. Rhoads immediately responded, stating that the documents had been produced inadvertently. Three weeks later, Buchinsky began reviewing the documents and added them to a new privilege log, which was then produced to GAF. During the intervening three weeks, Buchinsky had assisted in preparing for nine depositions and responded to a motion to dismiss. Several months later, Rhoads provided GAF with a cleansed hard drive. GAF subsequently filed a motion to deem that Rhoads had waived privilege as to the documents.

Rule of Law

Issue

Holding and Reasoning (Baylson, J.)

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