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confidentiality of the exhibits and ended the privilege premised
on such confidentiality.
Conclusion
Relying on its claim of attorney-client privilege,
International has asked the Court to prohibit: (1) the admission
of the exhibits; (2) the anticipated testimony of Kelly regarding
privileged communications between him and Surgery Center; and (3)
“all other testimony or written material containing matters
protected by the attorney-client privilege or work product
doctrine.”
Since disclosure of the exhibits destroyed the
confidentiality of the exhibits and ended the privilege premised
on such confidentiality, we shall deny the motion with respect to
admission of the exhibits. We shall likewise deny the motion
with respect to any testimony of Kelly concerning communications
made to him by Surgery Center and in response to which he
authored the exhibits. In all other respects, we shall deny the
motion since there has been no showing that petitioners wish to
introduce any communications protected by the attorney-client
privilege or work product doctrine.
An appropriate order
will be issued.
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Last modified: May 25, 2011