Topic
Work Product
27 published works
Property Insurance Coverage Insights
Work Product and Attorney-Client Privilege Concerning Documents Drafted Prior To Litigation: Eastern District Of New York Finds Insurer’s Documents Are Not Discoverable
Insurers retain outside counsel during claim investigations for a variety of reasons, including, among others, providing coverage advice, assisting in reviewing and responding to communications with insureds that have legal…
Insurance Law Hawaii
Damages to Property That is Not the Insured’s Work Product Are Covered
Reversing the district court, the Eighth Circuit predicted that under Iowa law, damage to property other than the insured's work product was covered. Decker Plastics Inc. v. West Bend…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 13 – Volume 10 – Work Product
By Barry Zalma
Work Product Historically, a lawyer is an officer of the court and is bound to work for the advancement of justice while faithfully protecting the rightful interests of his clients.…
Business and Commercial
Federal Court Certifies Class Action Seeking Recovery For Former Co-Plaintiff’s Use Of Work Product Under Unjust Enrichment Theory
By Christopher M. Cascino and Gerald L. Maatman, Jr. In Downing v. Riceland Foods, Inc., Case No. 4:13-CV-321 (E.D. Mo. Mar. 19, 2015), Judge Catherine D. Perry of the U.S.…
Property Insurance Coverage Law Blog
Can an Insurance Company Refuse to Provide a Copy of the Report Used to Deny Your Claim?
This is a question I was asked recently so I thought I would answer it here. In this case, the insured made a claim for hail damage done to the…
Civil Procedure & Federal Courts Blog
Appeals Court Reverses Denial of Sanctions Motion Against Merrill Lynch’s Law Firm
The opinion of the Massachusetts Appeals Court begins: The plaintiffs appeal from the denial of their motion for sanctions against Bingham McCutchen LLP (Bingham), intervener, the law firm that defended…
Consumer Products Counselor
Sign up for a May 19, 2014 Webinar Presented by This Blog’s Editors on Work Product Protection of Communications With Expert Witnesses and Consultants
By Jordan Grotzinger, Rob Herrington
Litigation counsel are always sensitive about communications with experts, whether retained as witnesses or consultants. While the 2010 amendments to Federal Rule of Civil Procedure 26 attempted to address common…
GlobalTort
Judge Blows Out Plaintiff’s Secrecy Claims for Asbestos Trust Claims
By Kirk Hartley
After in camera review, a Rhode Island judge rejected work product and confidentiality arguments asserted by Early Lucarelli et. al. in order to try to avoid producing claim forms submitted to…
New Jersey Law Blog
How to Avoid Legal Pitfalls When Using Freelancers and Other Consultants
Many businesses, especially start-ups, find that it makes sense to engage freelance consultants for particular tasks rather than adding employees to their payroll. There are many financial and strategic reasons…
Civil Procedure & Federal Courts Blog
Company Cannot Assert Attorney-Client Privilege Against Its Director, Delaware Court Holds
By Civil Procedure & Federal Courts Blog
Plaintiff is a director of the defendant Company, a Delawarecorporation, and he owns an entity that was the Company's largest shareholder.The remaining directors of the Company are also defendants. The…