Opinion
NO. 2014 CW 1373
11-24-2014
CALVIN J. HILL, INDIVIDUALLY AND AS THE EXECUTOR OF THE SUCCESSION OF ELNORA JOHNSON HILL v. TMR EXPLORATION, INC., PARK EXPLORATION, INC., AND VITOL RESOURCES, INC.
In Re: Vitol Resources, Inc. of Delaware and TMR Exploration, Inc., applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 41,245. BEFORE: WHIPPLE, C.J., GUIDRY, McDONALD, THERIOT AND DRAKE, JJ.
WRIT GRANTED IN PART. That portion of the September 4, 2014, judgments of the trial court ordering Defendants, Vitol Resources, Inc., of Delaware, and TMR Exploration, INC., to produce all documents claimed as privileged or work-product on their privilege log, save and except irrelevant attorney-client communications identified in court by counsel for TMR Exploration, Inc., is hereby reversed. Under Louisiana law, the party asserting the privilege has the burden of proving that the privilege applies; further, the party asserting the privilege must adequately substantiate the claim and cannot rely on a blanket assertion of privilege. See Cacamo v. Liberty Mut Fire Ins. Co., 99-1421 (La. App. 4th Cir. 10/10/01), 798 So.2d 1210, 1216, writ not considered, 2001-3087 (La. 1/25/02), 806 So.2d 665, writ denied, 2001-2985 (La. 1/25/02), 807 So.2d 844, and Maldonado v. Kiewit Louisiana Co., 2012-1868 (La. App. 1st Cir. 5/30/14), reh'q denied (Aug. 24, 2014), reh'g denied (Sept. 26, 2014). Defendants are hereby ordered to produce a privilege log containing a description of each document over which they assert the attorney-client or work-product privilege sufficient to establish the privilege claimed. In all other respects, the writ is denied.
JMG
JMM
MRT
VGW
Drake, J., dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT