Cover-up claim about GM ignition-switch issues is 'reckless and outrageous,' law firm says
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Fighting an attempt by plaintiffs in a massive federal products liability case to get hold of confidential documents in discovery, King & Spalding came out swinging.
Claims that firm lawyers conspired with General Motors to conceal ignition-switch defects are not only baseless and defamatory but “reckless and outrageous,” the firm wrote in a Friday filing (PDF) provided by the Atlanta Business Chronicle. The firm also cites “willful strategic omissions of record evidence,” contending that the plaintiffs painted an inaccurate picture of King & Spalding’s interaction with its client in a motion to compel filed last month in the Southern District of New York case.
The plaintiffs contend that the documents they seek are not covered by privileges that ordinarily apply in attorney-client and litigation matters because a crime-fraud exception applies.
But “to establish the crime-fraud exception, Plaintiffs must demonstrate probable cause (1) that a crime or fraud occurred and (2) that the documents at issue furthered that crime or fraud. They do not come close to meeting either element,” the law firm writes.
Despite already having access to thousands of documents that would ordinarily be privileged, the filing says, “Plaintiffs have not identified even one email or document which supports their reckless and outrageous allegations that K&S and GM were conspiring to hide evidence, lie to the court, and circumvent GM’s obligations under the Safety Act. Instead, Plaintiffs’ specious arguments, personal attacks, and false and irresponsible allegations are untenable and are built upon knowing distortions and strained interpretations of the carefully curated portions of the record they cite.”
Related coverage:
ABAJournal.com: “GM, outside firm conspired to hide faulty ignition switches, lawyer alleges”
DealBook (New York Times, reg. req.): “Lawsuit Against General Motors Tests Attorney-Client Privilege”
