Counsel erred in corporate rep’s dep

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 2, 2020 12:10 PM

The attorney who represented Medline Industries in a lawsuit against Wyptech LLC was absolutely certain he was entitled to instruct Medline’s corporate representative to not answer deposition questions the lawyer believed were beyond the scope of the topics listed in Wyptech’s Federal Rule of Civil Procedure 30(b)(6) notice. And Medline’s counsel was just as certain he could call a time out — after a question was asked — to “educate” the corporate representative off-the-record on the correct answer. Granting Wyptech’s …

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