Latham Atty's 2010 Notes Fair Game In Fluor-Zurich Trial

Law360 (May 28, 2021, 4:32 PM EDT) -- Fluor Corp. must hand over notes written by its Latham & Watkins LLP trial counsel that purportedly document the company's 2010 demands for Zurich American Insurance Co. to settle lead contamination suits on its behalf, a Missouri federal judge has ruled.

Fluor waived its rights to privilege over Latham partner John Wilson's handwritten records when it decided to call the attorney as a witness in its upcoming coverage trial with Zurich, U.S. District Judge E. Richard Webber found Wednesday, while also opening the door for further deposition of Wilson following "obstructive" testimony.

The jury trial, set to begin July 26, will...

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