Wednesday, October 28, 2009

Counsel Asserting and Later Withdrawing Privilege Objections Ordered to Pay Costs of Additional Deposition

The court ordered plaintiff's counsel to pay defendant for all costs associated with taking another deposition of a witness. "[The witness'] deposition is ninety-seven pages long. [Plaintiff] asserted privilege and/or work product ninety-seven times. Ninety-five of these assertions have now been waived. [Plaintiff's] conduct is unacceptable."

Davis-Lynch Inc v. Weatherford Int'l Inc.,
(TXED October 26, 2009, Order) (Love, M.J.)

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