Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Laveglia v. TD Bank, N.A.

United States District Court, E.D. Pennsylvania

January 10, 2020

JASON LAVEGLIA, Plaintiff
v.
TD BANK, N.A., Defendant

          MEMORANDUM

          JOSHUA D. WOLSON, J.

         The latest discovery dispute in this case, and there have been many, centers on whether certain documents on TD Bank's privilege log are really privileged or whether the work-product doctrine protects them. The Court has conducted an in camera review of the three categories of documents at issue and concludes as follows:

• Staff Selection Worksheets (“SSWs”) (Priv. Nos. 15-18, 21-23, 25-26, 29-38, 40, 42-45, 47-52, 55, 57, 60-64, 66-67, 73, and 78-79 are not privileged;
• ERE Target Operating Models (Priv. Nos. 1-2, 102, 115, and 128) are privileged, and TD Bank can maintain its redactions of these documents; and
• The majority of documents that TD Bank claims relate to its investigation of a complaint against Mr. LaVeglia (Priv Nos. 6, 10, 112, and 118) are not privileged or subject to work product protection, but one document (Priv. No. 11) contains three e-mails that can be redacted to protect the attorney-client privilege and work product protection.

         The Court will also require TD Bank to amend its privilege log yet again in order to comply with Federal Rule of Civil Procedure 26.

         I. LEGAL STANDARDS

         A. Attorney Client Privilege

         The attorney-client privilege protects communications from discovery when:

(1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the bar of a court, or his subordinate, and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion on law or (ii) legal services or (iii) assistance in some legal proceeding, and (d) not for the purpose of committing a crime or tort; and (4) the privilege has been (a) claimed and (b) not waived by the client.

Rhone-Poulenc Rorer Inc. v. Home Indem. Co., 32 F.3d 851, 862 (3d Cir. 1994).

         The purpose behind the attorney-client privilege is “to encourage clients to make full disclosure of facts to counsel so that he may properly, competently, and ethically carry out his representation. The ultimate aim is to promote the proper administration of justice.” In re Chevron Corp., 633 F.3d 153, 164 (3d Cir. 2011) (internal quotations omitted). In all circumstances, however, the facts underlying any given communication remain discoverable. See Upjohn Co. v. United States, 449 U.S. 383, 395-96 (1981) (“Protection of the privilege extends only to communications not to facts. The fact is one thing and a communication concerning that fact is entirely different.” (quotation omitted)). Moreover, because the attorney-client privilege obstructs the truth-finding process, it is construed narrowly. See Westinghouse Elec. Crop. v. Republic of Philippines, 951 F.2d 1414, 1423 (3d Cir. 1991).

         B. Work Product

         The work-product doctrine, set forth in Federal Rule of Civil Procedure 26(b)(3), “protects from discovery materials prepared or collected by an attorney in the course of preparation for possible litigation.” In re Grand Jury Subpoena, 745 F.3d 681, 693 (3d Cir. 2014) (internal quotations omitted). The doctrine intends to preserve an attorney's ability to ÔÇťassemble information, sift what he considers to be the relevant from the irrelevant facts, prepare his legal theories and plan ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.