[Ads-l] "clawbacked"

[Baker, John]

Now that I look more closely, I see that the three documents from the same court are actually just the same document showing up three times.  It’s a ruling by a federal magistrate in the Southern District of West Virginia, concerning a document referenced as ECF No. 278-1.  The magistrate stated:  “Here, ECF No. 278–1 was filed with the Court solely to facilitate a ruling on Plaintiffs' challenge to Ford's clawback of the document during the discovery process. As the document will be clawbacked, it clearly will not play a role in the adjudicative process.”  Burnett v. Ford Motor Co., No. 3:13–cv–14207, 2015 WL 1781925 (S.D.W.Va. Apr. 15, 2015).

The previous year we see a different federal magistrate, this one in the Northern District of California (so, maybe San Francisco), also ruling on the availability of a document.  Here the magistrate quotes a letter from the parties that uses “clawbacked,” but herself uses the standard “clawed back”:  “McAfee proposes to “prohibit[ ] discussing the content of the clawbacked documents in motions to compel production of those documents.” (Joint Letter at 8.) . . . . Thus, the MPO [i.e., Model Protective Order] clawback provision is sufficient to ensure that documents inadvertently produced may be clawed back.”  TVIMM, LLC v. McAfee, Inc., Case No. 13-cv-04545-VC, 2014 WL 12975835 (N.D. Cal. Aug. 14, 2014).


John Baker


From: American Dialect Society <ADS-L at LISTSERV.UGA.EDU> On Behalf Of Amy West
Sent: Tuesday, June 20, 2023 10:06 AM
To: ADS-L at LISTSERV.UGA.EDU
Subject: Re: "clawbacked"

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On 6/20/23 00:00, ADS-L automatic digest system wrote:
> Date: Mon, 19 Jun 2023 21:03:20 +0000
> From: "Baker, John"<JBAKER at STRADLEY.COM<mailto:JBAKER at STRADLEY.COM>>
> Subject: Re: "clawbacked"
>
>
> The standard past tense of the corresponding verb is "clawed back," for which I have no trouble finding thousands of examples. I did find a tiny number of uses of "clawbacked," but it is quite rare. For example, Westlaw has four uses in published court opinions, three of which are from the same court.
>
>
> John Baker
>
That's really interesting: Which court? Same judge/magistrate/clerk?

---Amy West

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