Discovery Pending Motion for Summary Judgment Addressed Together with At-Issue Exception to Attorney/Client Privilege
In Amirsaleh v. Bd. of Trade of the City of New York, Inc., 2007 WL 241616 (Del. Ch., Jan. 17, 2008), read opinion here, the Chancery Court addressed the imbroglio-creating concept of the "at-issue" exception to the attorney/client privilege. In abbreviated essence, this concept prevents a litigant from claiming, for example, that something his attorney told him is relevant to the issue pursued in the case, but then refuse to disclose data related to that claim on the basis of the attorney/client privilege.
The court also addressed the scope of discovery that is allowable in connection with a pending Motion for Summary Judgment.
The court begins the letter decision with a thoughtful observation about how discovery disputes, like this one, often arise when "parties stop talking to one another..."
