Bloomberg Law
Aug. 14, 2018, 9:33 PM UTC

Videos Excerpted for Mediation Still Shielded From Disclosure

Michael Greene
Michael Greene
Reporter

A personal injury plaintiff doesn’t have give Coca-Cola Refreshments USA Inc. the entire video recordings of four witness interviews just because his attorney showed clips of the interviews during a mediation session, a federal magistrate judge said.

Matthew Pinkham waived the work product protection only as to the portions of the videos shown at the session, Magistrate Judge Tim A. Baker, of the U.S. District Court for the Southern District of Indiana, said.

Under the work product doctrine, documents and other “tangible things” prepared in anticipation of trial are excluded from discovery. A party can waive the protection as to ...

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