University of Louisville v. Honorable Audra Eckerle
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In a whistleblower action, the Supreme Court affirmed in part and remanded in part the order of the court of appeals denying the petition for a writ of prohibition/mandamus sought by the University of Louisville and Ruby Fenton, holding that remand was necessary in this case.
Plaintiff filed this whistleblower action against the University after the University did not renew his faculty appointment. During discovery, Plaintiff served a subpoena upon Fenton seeking all written communications and notes reflecting communications between Fenton and any person associated with the University relating to faculty grievance proceedings initiated by Plaintiff. Fenton represented Plaintiff's supervisors during the grievance proceedings. The University and Fenton asserted that the communications were protected by the attorney-client privilege and the work-product privilege. The trial court permitted the discovery. Fenton and the University then filed this writ of prohibition/mandamus. The court of appeals denied the writ. The Supreme Court held (1) the lower courts did not err in determining the the attorney-client privilege was not applicable under these circumstances; but (2) the court of appeals did not rule upon the University and Fenton's request for protection of the subject communications based upon the work-product privilege.
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