JAMES JULIAN, INC. V. RAYTHEON CO.
93 F.R.D. 138 (1982)
NATURE OF THE CASE: This was a suit for injunctive relief under the Sherman Act and
National Labor Relations Act.
FACTS: In the course of preparing witnesses for depositions Julian (P) assembled a binder
which was reviewed by current principals, officers, and employees of P who were being
deposed by Raytheon (D). The binder contained documents that for the most part were already
produced in discovery and D argued that P should be ordered to turn them over as they were
not attorney work product. The court ruled first ruled that the documents in the binder were
distilled from discovery and that such a process protects them under the work product
privilege as the process and selection and distillation of such extensive discovery is more
critical than pure legal research and the revelation of the contents of the binder would
give D insight into P's thought processes with respect to the litigation. The second issue
was then addressed whether the work product privilege was waived.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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