MECHEL BLUESTONE, INC. v. JAMES C. JUSTICE COMPANIES, INC.

C.A. No. 9218-VCL.

MECHEL BLUESTONE, INC., and MECHEL MINING OAO, Plaintiffs and Counterclaim Defendants, v. JAMES C. JUSTICE COMPANIES, INC.; JAMES C. JUSTICE, II; JAMES C. JUSTICE, III; JILLEAN L. JUSTICE; and JAMES C. JUSTICE II, as Trustee of the JAMES C. JUSTICE II GRAT NO. 1, and of the JAMES C. JUSTICE II GRAT NO. 2, Defendants and Counterclaimants.

Court of Chancery of Delaware.

Decided: December 12, 2014.


Attorney(s) appearing for the Case

Jay N. Moffitt , Lauren K. Neal , MORRIS, NICHOLS, ARSHT & TUNNELL LLP, Wilmington, Delaware; Mark R. Robeck , Stephen R. Freeland , Matthew P. Larson , KELLEY DRYE & WARREN, LLP, Washington, D.C.; Emil J. Barth , BAKER BOTTS, L.L.P., Washington, D.C.; Brian A. Glasser , BAILEY & GLASSER, LLP, Charleston, West Virginia; Attorneys for Plaintiffs.

Raymond J. DiCamillo , Susan M. Hannigan , Rachel E. Horn , RICHARDS, LAYTON & FINGER, P.A., Wilmington, Delaware; David B. Tulchin , William H. Wagener , SULLIVAN & CROMWELL LLP, New York, New York; Attorneys for Defendants.


MEMORANDUM OPINION

LASTER, Vice Chancellor.

The defendants have moved to compel the production of documents identified on the plaintiffs' privilege log. The defendants contend that the plaintiffs' initial log was so flawed, and the plaintiffs' four subsequent efforts to provide an adequate log so feckless, that the appropriate remedy is to deem the privilege waived as to all documents listed on the log. This decision deems the privilege waived as to the...

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