Ex parte SCHNITZER STEEL INDUSTRIES, INC.

Supreme Court of Alabama

Jefferson County | 142 So. 3d 488 | Sept. 27, 2013


Schnitzer Steel Industries, Inc. Fights for Work-Product Doctrine in Alabama's Workers' Compensation Case

The defendant, Schnitzer Steel Industries (Schnitzer Steel) filed an appeal petitioning the Supreme Court of Alabama to annul a previous order that required them to present a post-accident report as part of a workplace accident investigation. The said accident led to Jason Jackson's partial leg amputation at Schnitzer Steel's metal recycling plant.

Schnitzer Steel argued that the ordered report was protected by the work-product doctrine as it was prepared foreseeing potential litigation. The work-product doctrine protects materials prepared in anticipation of litigation from discovery. The Supreme Court of Alabama agreed with Schnitzer Steel, confirming that the report was privileged work-product as it was reasonably produced in anticipation of litigation. The court, therefore, granted Schnitzer Steel's petition, ordered the trial court to vacate their previous order compelling report discovery, and remove its motion.

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