Borgwarner, Inc. v. Kuhlman Electric Corporation

Court entered order denying motion for protective order to protect from disclosure certain allegedly privileged documents requested by plaintiff companies, and granting motion to compel Defendant companies to produce documents, in dispute arising from indemnification agreement for toxic tort liability. Merger agreement required Defendants to disclose requested documents, and Joint Defense and Confidentiality Agreement, and later cooperation agreement, did not modify their duty to cooperate under merger agreement. Defendants' argument that two other courts (in separate Cook Co. action for fraud and legal malpractice, and in underlying Mississippi action) denied access to same privileged information is forfeited for failure to cite to authority that discovery rulings of other courts is binding. Direct contempt finding vacated, as Defendants acted in good faith in seeking review of order. (DELORT and HARRIS, concurring.)