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LEIBEL v. GENERAL MOTORS CORP.

Docket No. 224734.

646 N.W.2d 179 (2002)

250 Mich. App. 229

Charles Allen LEIBEL, Grace Patricia Leibel, Charles A. Leibel and Jennifer Leibel, Plaintiffs-Appellees, v. GENERAL MOTORS CORPORATION, Defendant-Appellant.

Court of Appeals of Michigan.

Decided March 1, 2002, at 9:05 a.m.

Released for Publication June 14, 2002.

Attorney(s) appearing for the Case

Potter, Carniak, Anderson & DeAgostino (by Thomas M. DeAgostino), Auburn Hills, for the plaintiffs.

Bowman and Brooke LLP (by Terrence E. Haggerty, Frank Nizio, and Norma M. Gant), McGuire, Woods, Battle and Boothe LLP (by Evan A. Burkholder), and Kirkland & Ellis (by Jay P. Leftkowitz and Kelion N. Kasler), Detroit; Richmond, VA; Washington, D.C., for the defendant.

Before: BANDSTRA, C.J., and SAAD, P.J., and WHITBECK, J.

SAAD, P.J.

I. Nature of the Case

Plaintiffs attached to their complaint a document (identified as the "Toth Memo") that General Motors (GM) says is protected from use in this litigation by the attorney-client privilege and the work-product doctrine. This document was prepared by a GM in-house lawyer, Gary Toth, and renders legal advice to agents of GM regarding ongoing product liability litigation involving alleged...

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