Bitler Inv. Venture II, LLC v. Marathon Ashland Petroleum LLC, 2007 WL 465444 (N.D. Ind. Feb. 7, 2007)

Key Insight: Where principal of co-plaintiff forwarded 15 email exchanges with counsel to plaintiffs’ testifying expert witness, and expert witness produced them as part of his file even though he stated he did not consider them when forming his opinion, court ordered production of such emails under Rule 26(a)(2)(B)

Nature of Case: Breach of contract and waste

Electronic Data Involved: Privileged emails