Bellamy v. Wal-Mart Stores, No. SA-18-CV-60-XR (W.D. Tex., 2019)
Key Insight: Properly clawed back privileged documents may not be relied upon for evidence in a case. However, if the contents of these clawed back documents demonstrates bad faith discovery conduct, then sanctions can still be awarded.
Nature of Case: slip-and-fall injury
Electronic Data Involved: inadvertently produced privileged documents
Keywords: clawback, bad faith, intent to deprive