M.A. Vermette

The plaintiff obtained default judgment against the corporate defendant and two officers.

One officer, Daniel Brewer, moved to set aside the default judgment against him, arguing he had no actual notice of the proceedings after selling his shares and his counsel's subsequent withdrawal.

The court found that Brewer did not receive notice of crucial steps in the litigation due to an incorrect address used by his former counsel, and that his reliance on counsel and a co-defendant's assurance was reasonable.

The absence of actual notice, not due to Brewer's fault, was deemed a fundamental procedural flaw.

The motion to set aside the default judgment and related orders against Brewer was allowed.

The plaintiff in a class action moved for the production of unredacted documents and documents over which the defendant, GMCL, claimed privilege.

The plaintiff argued that GMCL waived privilege by sharing documents with government actors and financial advisors during its 2009 restructuring efforts, and impliedly waived privilege by pleading reliance on a release.

The Master dismissed the motion regarding privilege, finding that common interest privilege protected the shared documents and that pleading reliance on a release did not constitute an implied waiver.

The issue of redactions for commercial sensitivity was adjourned for further submissions.