PHILADELPHIA, Dec. 10 /PRNewswire/ -- In a decision of importance to the case at hand and all cases involving claims of attorney-client or work product privilege, the Honorable Cynthia M. Rufe of the United States District Court for the Eastern District of Pennsylvania, in a decision of December 7, 2009, has ruled that GlaxoSmithKline (GSK), the manufacturer of the prescription diabetes medication Avandia, must produce dozens of documents that it withheld on claims of privilege.
Judge Rufe's ruling comes on an appeal by GSK of a ruling by Special Discovery Master Jerome J. Shestack, Esquire.
Her opinion notes, for example, that the "attorney-client privilege does not shield documents merely because they were transferred or routed through an attorney," and that "documents prepared by a corporation as part of efforts to ensure compliance with federal regulatory agencies or maintain a positive public image for its products, and not because of possible litigation, are not protected by [the] work-product doctrine."
Joseph F. Roda of RodaNast, P.C., Lancaster, PA, briefed and argued the motions on behalf of the plaintiffs. He was assisted by Jennifer S. Snyder, also of RodaNast, P.C. Lead Counsel for the plaintiffs are Vance Andrus of Andrus Boudreaux, PLC, Denver, CO; Bryan Aylstock of Aylstock, Witkin, Kreis & Overholtz, Pensacola, FL; and W. Mark Lanier of The Lanier Law Firm, PLLC, Houston, TX.
CONTACT: Joseph F. Roda, RodaNast, P.C., +1-717-892-3000,
jroda@rodanast.com