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![]() | Attorney-Client Privilege Trumps Company's Email Policy
Hinshaw & Culbertson LLP; November 6, 2009, previously published on November 5, 2009 Despite company policy to the contrary, a former employee's personal emails to her attorney were protected by the attorney-client privilege. |
![]() | Does the NLRB Still Have Jurisdiction to Adjudicate Labor Disputes?
Matthew H. Nelson; Dinsmore & Shohl LLP; November 5, 2009, previously published on November 3, 2009 The United States Supreme Court will soon decide whether the National Labor Relations Board has jurisdiction to resolve labor disputes. For the past two years the Board has operated with only two members. Under the National Labor Relations Act, the Board, which ordinarily consists of five members,... |
![]() | Appellate Court Stacks Policies in $700,000,000 Continuing Damage Claim State of California v. Continental Insurance Company, et al (January 2009) 169 Cal.App.4th 1114 Frank J. Pagliaro; Ropers, Majeski, Kohn & Bentley, [incorporation phrase format]A Professional Corporation; November 5, 2009 This is an extremely important case decided by the California Fourth Appellate District wherein the court holds that where there is bodily harm or property damage that is continuous through a number of insurance policy periods that any single policy can become liable for the entire sum of damages... |
![]() | Connecticut Appellate Court Affirms Summary Judgment In favor of Insurer Due to Insured's Failure to Cooperate Edwards Angell Palmer & Dodge LLP; October 16, 2009, previously published on October 7, 2009 The Connecticut Appellate Court recently affirmed a lower court's grant of summary judgment in favor of an insurer based on its determination that the insured breached the insurance policy's cooperation clause by failing to provide copies of requested tax returns. Double G.G. Leasing, LLC v.... |
![]() | Supreme Court Preview: Securities Law Cases on the Docket Karen Y. Bitar; Greenberg Traurig, LLP; October 14, 2009, previously published on October 2009 With the arrival of the first Monday in October, the Supreme Court begins its new Term. On its docket are three cases involving important questions of securities law, an area that was not prominent on the Court's docket in its previous Term. In fact, while the Court heard several cases last Term... |
![]() | California Appellate Court Applies Government Contractor Immunity Defense to Boilers on Naval Vessels in Asbestos-Related Decision Edwards Angell Palmer & Dodge LLP; September 28, 2009, previously published on September 24, 2009 Earlier this month, a California appellate court held that the government contractor immunity defense applies to a boiler manufactured to United States Navy specifications, shielding the manufacturer from a design defect claim. Oxford v. Foster Wheeler LLC, Docket No. A121577 (Cal. Ct. App.,... |
![]() | Scope of "At Issue" Waiver of Attorney-Client Privilege is Limited Hinshaw & Culbertson LLP; September 16, 2009, previously published on September 10, 2009 A client put the advice of its former law firm at issue in litigation, thus waiving the attorney-client privilege. The client then sued the former law firm (second litigation), and the former firm was denied discovery of attorney-client communications from the first litigation because such... |
![]() | Florida Appellate Court Finds That Third-Party Contribution Claims Are Obsolete Ricardo J. Cata, Ronnie Guillen; Wilson Elser Moskowitz Edelman & Dicker LLP; September 10, 2009, previously published on September 2009 A recent Florida case may have a dramatic impact on the way that defendants and defense counsel handle claims in which a third party may be partially or entirely liable for the claimant's damagers. See T & S Enterprises Handicap Accessibility Inc. v. Wink Industrial Maintenance and Repair,... |
![]() | Public Employers' Right to Discipline Employees Refusing To Answer Investigation Questions Affirmed By California Supreme Court Carmen Plaza de Jennings, Jayne Benz Chipman; Curiale Hirschfeld Kraemer LLP; September 4, 2009, previously published on February 12, 2009 The California Supreme Court has rendered its long-awaited decision in Spielbauer v. County of Santa Clara, S150402, decided February 9, 2009. The Court held that under certain circumstances, a public employee can be terminated or otherwise disciplined for refusing to answer questions in an... |
![]() | Supreme Court Rejects "Make Whole" Attack on Med Pay Reimbursement Peter H. Klee, John T. Brooks, Charles A. Danaher; Luce, Forward, Hamilton & Scripps LLP; August 28, 2009, previously published on August 25, 2009 In a case of first impression, a unanimous California Supreme Court rejected an attempt to effectively abolish automobile insurers' med pay reimbursement rights. Quintana v. 21st Century Ins. Co., ____ Cal.4th ____ (August 24, 2009). The Supreme Court simultaneously decided companion cases filed... |







