Solid Waste Services, Inc. v. Ember Partners, LP

Summary

The Pennsylvania Superior Court affirmed an order compelling production of documents withheld under the common-interest privilege. The court held that the Birdsboro Appellants failed to prove an agreement establishing a common legal interest with third-party project manager PPMS and that the asserted common interest did not extend to communications concerning later agreements and allegations.

Holdings

1. The common-interest privilege did not protect the disputed communications because the Birdsboro Appellants failed to prove that they and PPMS had an agreement to share the privilege or pursue a common legal strategy.
2. Any common legal interest concerning the earlier allegations about misrepresented waste tonnage did not continue to protect communications concerning the later Easements/Benefits Agreement and alleged oral promise.

Questions Presented

1. Whether the trial court abused its discretion by ordering production of documents shared with PPMS and withheld under the common-interest privilege.
2. Whether an express written agreement is required, or whether other evidence may establish an agreement to invoke the common-interest privilege.
3. Whether the evidence established a continuing common legal interest between the Birdsboro Appellants and PPMS after May 22, 2017.

Disposition

affirmed