Imerys Backs Efforts to ‘Claw Back’ Emails from Employee, Says Marital Communications Privilege Applies

NEWARK, N.J. –– Parties in the national multidistrict litigation docket for talcum powder claims have exchanged briefing on the applicability of marital communications privilege to the emails of an Imerys Talc America employee, with the defendant noting that a California state court recently applied such privilege.

In a Jan. 24 letter to the U.S. District Court for the District of New Jersey, Imerys submitted the supplemental authority, explaining that a Los Angeles Superior Court judge “evaluated the exact same issue currently before the Court with respect to applicability of Julie Pier’s marital communications privilege and the documents at issue.”