Federal Appeals Panel Says Exxon Air Sampling Data Used in Radiation Cases Is Privileged

NEW ORLEANS — Air sampling data that was inadvertently produced by Exxon Mobil in a radiation exposure lawsuit has been deemed privileged by the 5th Circuit U.S. Court of Appeals, which ruled that the data is attorney work product created as part of contract negotiations between Exxon and a company it hired to clean and store oilfield production equipment.

The 5th Circuit’s May 6 decision reverses a Louisiana U.S. District Court’s denial of Exxon’s motion to strike the memo and prevent plaintiffs’ attorneys from using the data in various claims over naturally occurring radiation materials (NORM).

Exxon has been sued …