Akers v. Fuller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ordering the parties to produce disputed documents for in camera review so the court could decide which documents concerned the same subject matter as the disclosed communications
• to the extent that a witness uses any privileged documents to refresh recollection for purposes of testifying, those documents may not longer be withheld
• “The burden is on the party resisting discovery to establish the facts necessary to show that the privilege applies and that it has not been waived.”
• “while the proffer notes . . . could potentially 14 provide impeachment material, that possibility does not furnish the “substantial need’ that is necessary to overcome the protection of the work product doctrine.”
• A party “may not simply designate its entire production ... as confidential. [It] may only designate documents within its production as confidential after making a good faith determination that there is a legitimate basis for a confidentiality designation.”
• ordering parties to submit disputed documents for in camera review

Source: CourtListener parenthetical corpus (CC0).