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AMERICAN NAT. BANK AND TRUST CO. v. EQUITABLE LIFE

Nos. 04-2992, 04-3120.

406 F.3d 867 (2005)

AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee f/b/o Emerald Investments LP; and Emerald Investments LP, an Illinois Partnership, Plaintiffs-Appellees/Cross-Appellants, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 4, 2005.

Attorney(s) appearing for the Case

Charles S. Bergen, George R. Dougherty (argued), Grippo & Elden, Chicago, IL, for Plaintiffs-Appellees/Cross-Appellants.

Michele Odorizzi (argued), Mayer, Brown, Rowe & Maw, Chicago, IL, for Defendant-Appellant/Cross-Appellee.

Before RIPPLE, MANION, and KANNE, Circuit Judges.

MANION, Circuit Judge.

The Equitable Life Assurance Society of the United States invoked the attorney-client privilege to protect a large number of documents during discovery and used a privilege log to inform its opponent, Emerald Investments LP, of the documents being withheld. On Emerald's motion, however, a magistrate judge struck Equitable's entire privilege log as a discovery sanction because Equitable left five non-privileged documents on its log, which included...

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