Plaintiffs demonstrated that defendant took steps to deceive plaintiffs and the court regarding its use, storage, and disposal of TCE and PCE, and used its attorneys to do so; therefore, defendant waived any attorney-client privilege under crime-fraud exception with respect to the non-disclosure of newly discovered relevant documents. The fact that corporation’s law firm obtained an EPA file, had an attorney review the file, withdrew certain documents that referred to the possible presence of TCE on corporation’s property, and never produced the documents in discovery created the inference that corporation’s attorneys also knew that the defendant took steps to prevent disclosure. The defendant and its attorneys also filed multiple documents in which they asserted that there was no evidence that corporation had either TCE or PCE in its products. See 100 West LLC v. Red Spot Paint, No.05-1670, 2009 WL 232060 (S.D.Ind. Jan. 30, 2009).
Leave a Reply