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03/27/91 MONSANTO COMPANY v. AETNA CASUALTY AND

March 27, 1991

MONSANTO COMPANY, A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFF,
v.
AETNA CASUALTY AND SURETY COMPANY, ET AL., DEFENDANTS



Vincent J. Poppiti, J.

The opinion of the court was delivered by: Poppiti

ORDER

This 27th day of March, 1991, it appears that:

1. This matter is presently before the Court on plaintiff Monsanto Company's ("Monsanto") Exceptions to the Special Discovery Master's ("Master") May 30 decision regarding the Scope of Discovery Resulting from Defendants' Motion to Compel, and on defendants' exceptions to the May 30 decision regarding both Monsanto's Motion to Compel and defendants' Motion to Compel, insofar as it requires Monsanto to identify only supervisory or managerial employees.

2. In Monsanto Co. v. Aetna Casualty and Surety Co., Del. Super., C.A. No. 88C-JA-118, slip op. at 2, Poppiti, J. (December 7, 1989) (ORDER), I adopted the following standard of review for a decision of the Special Discovery Master:

The Court may modify or set aside the ruling of the Special Discovery Master only if the ruling is based on findings of fact that are clearly erroneous or if the ruling is contrary to law.

3. On May 30, 1990, the Master inter alia:

* Granted defendants' motion to compel production of certain documents, including non-privileged pleadings, depositions, discovery briefs, transcripts and other materials from litigation in the underlying claims.

* Allowed discovery of any information pertaining to "the risks or toxic capacity of certain chemicals or contaminants, whether characterized as 'products, wastes, or hazardous materials'" understanding that the "nexus will be what Monsanto knew or expected about whatever it was that caused the damage alleged in ...


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