Suburban Sew'N Sweep v. Swiss-Bernina
United States District Court for the Northern District of Illinois
91 F.R.D. 254 (1981)
Sewing machine retailers (plaintiffs) suing Swiss-Bernina for antitrust violations searched through a dumpster used solely by Swiss-Bernina and, over two years, collected documents including confidential handwritten draft letters between Swiss-Bernina's president and its corporate lawyer. During discovery, the retailers served interrogatories seeking information about these letters, and the parties agreed the letters were meant to be confidential. The magistrate refused to compel answers, finding the retailers had obtained the letters improperly, and the district court reviewed that ruling.
Whether privileged materials obtained by a third party remain protected by the attorney-client privilege if the parties to the communication failed to adequately protect the materials, and refusing to apply the privilege would not inhibit open attorney-client communications.