A recurring issue in civil litigation is whether and under what circumstances opposing counsel may be subject to deposition discovery in an ongoing case. That issue was at the forefront of a recent appeal before the Eighth Circuit, in Smith-Bunge v. Wisconsin Central, Ltd., 946 F.3d 420 (8th Cir. 2019).
Plaintiff-appellant Todd Smith-Bunge worked for defendant-appellee Wisconsin Central, Ltd., a rail carrier, as a welder. Smith-Bunge v. Wisconsin Central, Ltd., No. 15-cv-4383 (RHK/LIB), 2017 WL 3834734, at *1 (D. Minn. Aug. 31, 2017). His job responsibilities included driving a welding track. In 2013, Wisconsin Central suspended Smith-Bunge without pay, and he successfully sued the company for unlawful retaliation. Smith-Bunge v. Wisconsin Central, Ltd., 60 F. Supp. 3d 1034 (D. Minn. 2014). Thereafter, Smith-Bunge accidentally drove his truck into a train’s path. Smith Bunge asserted that his brakes had malfunctioned, but an expert hired by Wisconsin Central concluded that Smith-Bunge was the sole cause of the crash. Wisconsin Central fired Smith-Bunge, and Smith-Bunge once again sued Wisconsin Central for retaliation, basing his claim on his 2013 lawsuit, the 2014 faulty-brakes report, and a 2014 injury report.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Not a Bloomberg Law Subscriber?
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]