Exxon Mobil Corp. v. Hill, et al., No. 13-30830 (5th Cir. 2014)Annotate this Case
Plaintiff filed suit against Exxon Mobil alleging damages caused by exposure to naturally occurring radioactive material. On appeal, Exxon Mobil challenged the dismissal of its intervention based on the district court's ruling that a memorandum prepared by Exxon Mobil's in-house counsel was ineligible for the protections of the attorney-client privilege. The court concluded that the manifest purpose of the memorandum was to deal with what would be the obvious reason Exxon Mobil would seek its lawyer's advice in the first place, namely to deal with any legal liability that may stem from under-disclosure of data, hedged against any liability that may occur from any implied warranties during complex negotiations. Accordingly, the court concluded that the memorandum was privileged and vacated and remanded the judgment of the district court.