Spirit Master Funding, LLC v. Pike Nurseries Acquisition, LLC
United States District Court for the Northern District of Georgia
287 F.R.D. 680 (2012)
Spirit (plaintiff) hired consultants Hercules and Ramos to inspect leased property amid a growing dispute with tenant Pike (defendant) over maintenance, filing suit against Pike a few months later; Pike moved to compel the resulting inspection reports and communications, arguing they were prepared in Spirit's ordinary course of business rather than in anticipation of litigation, while Spirit asserted work-product privilege supported by affidavits describing the anticipated litigation.
Whether a document created because of the prospect of litigation loses protection under the work-product doctrine merely because it was also created to assist with a separate business decision.