A federal magistrate in multidistrict litigation over alleged price-fixing of potatoes has decided that neither side is correct about whether 1,100 documents are protected by the attorney-client privilege.
The plaintiffs, who include direct and indirect purchasers of potatoes, moved to compel documents from law firm Boise Anderson Banducci, which represents 20 potato growers and industry groups. The plaintiffs also moved to compel documents from Randon Wilson, a shareholder in Jones Waldo Holbrook & McDonough. The defense says the documents are protected by the attorney-client privilege, the attorney work-product doctrine and the common-interest doctrine, which extends the attorney-client privilege to parties with a common interest with the parties holding that privilege.
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