Tribe Can Avoid Further Discovery By Deleting Counsel’s Statement

Mealey's (May 11, 2016, 7:52 AM EDT) -- SEATTLE — An Indian tribe will not have to produce privileged documents to a railway company in their long-running dispute over a railroad right of way on the tribe’s reservation as long as it removes a statement by a tribal attorney in a summary judgment declaration about the railway’s common carrier obligations under federal law, a Washington federal judge ruled May 6 (Swinomish Indian Tribal Community v. BNSF Railway Company, No. 15-0543, W.D. Wash.; 2016 U.S. Dist. LEXIS 60547)....