District Courts Can Tell Intervenors They Must Return Documents

Federal district courts’ inherent powers give them the authority to order intervenors to return or destroy confidential documents that were inadvertently disclosed to them by another party, the Ninth Circuit ruled.

The matter stems from a putative class action lawsuit filed by four female plaintiffs against Nike Inc. in 2018, asserting gender discrimination and hostile workplace claims. A plaintiff’s attorney in the case inadvertently sent a reporter from the news outlet, The Oregonian, confidential documents.

“The district court incorrectly concluded that it lacked the authority to order the return or destruction of the documents disclosed by Plaintiffs’ attorney to The ...