Acting on a motion by the meat packing company, the Supreme Court reinstated the appeal in Klumpe, et al. v. IBP Inc. on Oct. 17. A key issue in the case is whether an attorney was protected by privilege when he gave documents to another firm that had subpoenaed his client to produce the documents. Also at issue is whether attorney’s fees from prior litigation are recoverable as damages under an equitable exception.
It all started in 1997 when Chris Escamilla lost three-and-a-half fingers while working at an IBP plant in Amarillo, according to court documents. Escamilla filed a personal-injury suit. Steven Klumpe, a former superintendent at the slaughterhouse and Escamilla’s stepfather, was subpoenaed. Responding to that subpoena, Klumpe provided his attorney, Jeff Blackburn — who in turn provided Escamilla’s attorneys — with what IBP alleges are trade secrets that Klumpe took from the plant.
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