Supreme Court of Delaware

Borgwarner, Inc. v. First State Insurance Co.

May 17, 2017

Summary

The Supreme Court of Delaware affirmed an order requiring production of testimony from a private arbitration because North River had waived confidentiality by using the testimony in later federal litigation. The court reached only the waiver issue after BorgWarner narrowed its subpoena to testimony from three individuals, and concluded that the narrowed request fell within the existing production order.