THIS ONE IS A BIT OF AN ODDBALL: Normally, under Florida Star v BJF, I’d agree with telling the opposing counsel to go pound sand. But in this wrinkle, the media filed (and was granted) a Motion to Intervene, and as such, I think by doing so, they submit to the courts’ jurisdiction if a Motion to Compel is filed and granted. Then comes the fun and games of trying to get an immediate — almost interlocutory — appeal and request for a stay.

“During that meeting, the lawyer inadvertently sent the reporter unreacted versions of the confidential documents. When they’d realized the error, the attorney demanded The Oregonian to return or destroy the documents, but the newspaper refused.“

What say you? Will we see a replay of Bankers Trust v. Procter & Gamble? There “somebody”  “leaked” the inadvertently disclosed documents to a third-party publisher who was not an intervenor.

Who says CivPro is no fun?