Tobacco.org

ARCHIVE: Order regarding Privilege and the Crime-Fraud Exception and Setting Forth Procedures to Determine Privilege Beginning with the Liggett Documents (May 9, 1997) 

Conclusion

Pursuant to the Attorneys General Settlement Agreement dated 3/20/97, Liggett has produced documents for which it claimed privilege. Liggett has waived its privilege with respect to certain of those documents, and such documents have been ordered produced to the Plaintiffs herein. Defendants claim a joint defense privilege with respect to the remaining documents produced by Liggett. Plaintiffs, however, have made a prima facie case to invoke the crime-fraud exception. Thus, further review of the remaining Liggett documents by the Special Master is warranted. Such review shall proceed according to the procedures established herein by the Special Master and approved by this Court, which procedures shall apply to all parties' allegedly privileged documents unless otherwise ordered.

K.J.F.

Jump to full article »