filing_sections: 543
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 543 | 67 | IV.R. Privilege / offensive use / attorney fees evidence (MNT #21, #23) | Offensive use: Pohl did not satisfy three-part test (Republic Ins. Co. v. Davis). Shepherd became witness at Kassab's request — Kassab subpoenaed deposition and designated him trial witness; Shepherd produced nearly half million pages. Kassab sought to pierce privilege for fishing expedition. Redaction of invoices is common and proper (KBIDC Investments). Pohl's expert applied blanket 10% discount to account for any unnecessary/unrecoverable entries. Zavitsanos testimony not conclusory — Court found it sufficient to submit to jury when testimony was fresh. Desio distinguishable (dealt with fee affidavit without billing records, not trial testimony with records). |