Judge Bars Documents in Power Plant Case Despite Coop’s Objections

Despite objections by American Municipal Power, Inc. (AMP), a federal judge has ruled that emails between AMP and contractor Bechtel Corporation (Bechtel) are subject to the attorney-client privilege, thereby barring the mistakenly disclosed documents from a lawsuit.  AMP is suing Maryland-based Bechtel over a $1 billion unexpected increase in estimated power plant construction costs.  An in-camera review of the emails convinced the court that “[t]here is enough in the circumstances surrounding the communications to support the inference that the employees were aware the information was being solicited for legal advice purposes.”  Read more about the case here (subscription required).

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