Hickman v. Taylor

A tugboat sank while helping to tow a car float operated by the Baltimore & Ohio Railroad across the Delaware River in Philadelphia. Five of the nine crew members drowned. Three days later, the tugboat owners and underwriters hired a law firm in anticipation of litigation, of which Fortenbaugh was a member. A public hearing was held before the United States Steamboat Inspectors at which the 4 surviving crewmembers were examined. The testimony was recorded and made available to all interested parties. Shortly afterwards, Respondent, Fortenbaugh (Respondent), interviewed the surviving crewmembers and had them sign their statements. He also interviewed other people who were involved with or had knowledge of the accident and wrote memoranda of their conversations. Representatives of the five deceased crewmembers brought claims against the tugboat owners and four settled. The Petitioner brought suit in federal court naming as defendants the tugboat owners as joint and severally liable as well as the railroad. Petitioner filed 39 interrogatories directed to the tug owners. The 38th interrogatory asked for copies of any statements of crewmembers relating to the accident. Supplemental interrogatories asked for any written or oral statements, reports, records, or memoranda taken by Defendants. The tugboat owners answered all interrogatories except for number 38 and the supplemental interrogatories. They admitted that statements had been taken, but that they were privileged. The District Court for the Eastern District of Pennsylvania held that the requested matters were not privileged and ordered the production of information asked for in the 38th and supplemental interrogatories. Defendants and Respondent refused to comply and were held in contempt and ordered imprisoned until they did so. The Third Circuit Court of Appeals reversed the lower court’s judgment stating the sought information was the attorney’s work product.