Civil Procedure Keyed to Coundback
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A large sign fell from the ceiling of a department store and hit one of the store’s customers, causing her severe injuries. A few months later, the customer filed a civil action against the store, seeking to recover compensatory damages. The store’s attorney subsequently visited the store, inspected the area where the accident occurred, and interviewed all the employees who were in the store on the day of the accident or who might have information about the accident or its cause. The attorney recorded all the interviews electronically. The customer served on the store a request for production of documents seeking production of all documents, recordings, or other tangible things in any way related to the accident. The store believes that the recordings are protected by the attorney-client privilege, since they contain dialogue between the store’s attorney and the store’s employees.
How should the store respond?CorrectIncorrect
A motorcyclist filed a negligence action against a van driver in federal district court, seeking compensatory damages for a traffic accident involving the parties. In a deposition of the driver, the motorcyclist’s attorney asked the driver the following question: “Did you tell your attorney that the accident that is the subject of this lawsuit was your fault?” The driver refused to answer the question on advice of counsel. The motorcyclist now seeks an order compelling the driver to answer the question.
Should the court order the driver to answer the question?CorrectIncorrect
Three drivers were in a traffic accident in Arizona. The three drivers were citizens of Arizona, Utah, and Colorado, respectively. Only the driver from Colorado sustained any injuries and damage. The driver from Colorado filed a tort action against the Arizona driver, seeking $100,000 in damages. The Arizona driver believes that he was not at fault in any way and that the driver from Utah was the sole cause of the accident. Assume Arizona does not recognize any claim of contribution among joint tortfeasors.
May the Arizona driver assert athird-party claim against the Utah driver in the pending action, alleging that the Utah driver wasthe party at fault and should pay for the Colorado driver’s injuries?CorrectIncorrect
The plaintiff in a negligence case was injured in a car accident with the defendant. The plaintiff’s attorney retained a physician to examine the plaintiff and to testify regarding the plaintiff’s injuries. After the physician examined the plaintiff, the plaintiff’s attorney discussed the physician’s findings with the physician. The plaintiff’s attorney and the physician also discussed what the physician should include in the expert witness report that will be provided to the defendant. The defendant then conducted a deposition of the physician. During the deposition, the defendant’s attorney asked the physician to describe what was said in his conversations with the plaintiff’s attorney. The plaintiff’s attorney objected to those questions.
Are the defendant’s questions regarding the plaintiff’s attorney’s discussions with the physician properly subject to discovery?CorrectIncorrect
A former shareholder of a corporation filed an action against the corporation’s board of directors, alleging that the directors’ wrongful actions diminished the value of the corporation and its stock. The former shareholder served a request for production of documents that included a request for any documents relating to the value of the corporation. The corporation produced a number of documents, but withheld certain documents that were written by its attorneys, claiming that the documents were protected from discovery under the attorney-client privilege. Without contacting or conferring with the corporation or its lawyer, the former shareholder filed a motion to compel production of the withheld documents, claiming that they were not covered by the privilege. The court ruled that the documents were not privileged and had to be produced.
What will be the likely result if the former shareholder seeks to recover costs or attorneys’ fees related to the motion or to have sanctions imposed on the corporation?CorrectIncorrect