ELR Citation: ELR 20069
No(s). 04-72134 (9th Cir. Mar 31, 2005)

The Ninth Circuit upheld a lower court discovery ruling ordering a railroad company to produce documents in an underlying action in which landowners allege that the railway intentionally dumped toxic materials on their property. The railroad company failed to produce a privilege log as to the contested documents in a timely manner. Therefore, the privileges are waived pursuant to Fed. R. Civ. P. Rules 26(b)(5) and 34.