In a continued effort to challenge court rulings on privilege, Pepper Hamilton LLP is once again asking a judge to reconsider his own order on the subject.
The Philadelphia firm of former FBI director and federal judge Louis Freeh, along with client Penn State, submitted a “concise statement of errors complained of on appeal” to Centre County Court on Monday.
The firm and Penn State are challenging the decision of Potter County Senior Judge John Leete, who has ruled on more than one occasion that documents requested by the estate of former Nittany Lions football coach Joe Paterno in the lawsuit are not covered by attorney-client privilege.
In the new document, going against Leete’s most recent decision in May ordering enforcement of the estate’s subpoena, Pepper Hamilton detailed the reasons.
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First, they said Leete erred in granting the Paterno estate’s motion prior to the state Superior Court’s resoltuion of an appeal in the case.
Pepper Hamilton attorney Thomas Zemaitis and Penn State counsel Daniel Booker also argued that Leete was also wrong in his determination that either the documents requested were not privileged, or that privilege was effectively waived.
He contended that Leete again erred in saying that the court “lacked jurisdiction” to consider the privilege issue, and that the court was wrong to hold that it had already ruled on the idea that the documents fell under the umbrella of work product.