MASQUERADE FUNDRAISING, INC. v. PATRICK HORNE, ET AL. - Articles

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MASQUERADE FUNDRAISING, INC. v. PATRICK HORNE, ET AL.

Posted by: Tanja Trezise on Jan 4, 2024

Court: TN Court of Appeals

Attorneys 1: J. Christopher Clem, Chattanooga, Tennessee, for the appellants, Patrick Horne and Carlos Horne.

Attorneys 2: Shelley S. Breeding, Nancyjane B. Sharp, and Adam R. Duggan, Knoxville, Tennessee, for the appellee, Masquerade Fundraising, Inc.

Judge(s): MCCLARTY

The plaintiff corporation filed this action against the defendant independent contractors, alleging, inter alia, that the defendants violated their contracts and covenants not to compete. We granted this interlocutory appeal in which the defendants request review of the trial court’s denial of their motion in limine to exclude an email sent to defense counsel that contains privileged information. The email was inadvertently attached as an exhibit on two separate briefs filed with the court by defense counsel and then repeatedly referenced by defendants in later briefs in response to a motion to disqualify counsel and for sanctions. The trial court held that the repeated disclosure of the email operated as a waiver of the attorney-client privilege. We affirm the trial court.

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