Incredible! Trade secret raised against discovery. Burden of proof was on the defendant raising the trade secret immunity from discovery. The Magistrate Judge held that the defendant did not prove a trade secret.
Then, the Magistrate held: "Thus, its assertion of the trade secret privilege does not prevent discovery of the documents for which it was asserted. Nevertheless, in an abundance of caution, Defendant is permitted to designate documents as trade secrets or confidential and their use is limited to this case." Say what? Not trade secrets but treat as trade secrets for everyone else in the world except this case?
The decision came in Hallmark Ins. Co. v. Maxum Cas. Ins. Co., No: 6:16-cv-2063-Orl-37GJK, 2017 WL 3730376 (M.D. Fla. August 14, 2017).
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