Durom Cup Parties Agree to Return Privileged Documents Mistakenly Produced

NEWARK, N.J. - Plaintiff and Defense liaison counsel in the Durom Cup MDL have agreed on a procedure for returning documents that are subject to a claim of privilege but are inadvertently produced in discovery. In re: Zimmer Durom Hip Cup Products Liability Litigation, MDL No. 2158 [No. 09-4414] (D. N.J.).

Judge Madeline C. Arleo of the U.S. District Court for the District of New Jersey, who presides over the Zimmer Durom Cup MDL, signed an order confirming the agreement on Oct. 28.

The agreement precludes each side from claiming waiver if such documents are mistakenly included in production.