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The Attorney-Client Privilege Applies When Rendering Advice During Business Negotiations

The Fifth Circuit recently reversed a district court’s decision not to allow the attorney-client privilege. In Exxon Mobil Corp. v. Hill, et al., No. 13-30830 (5th Cir. May 6, 2014), the Fifth Circuit permitted assertion of the attorney-client privilege for a memorandum from an attorney to a client in the course of business negotiations for a matter that had potential legal implications down the road.

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Money for Nothing: Recent Developments in Medical Monitoring

Plaintiffs bringing product liability or toxic tort lawsuits must typically show that use of a defendant’s product or exposure to a defendant’s chemical caused them to suffer an injury.  Some courts, however, have allowed plaintiffs without a present physical injury to recover costs for future “medical monitoring” for a latent disease related to an exposure to a defendant’s product or chemical.  These courts have found that medical monitoring is either a cause of action or a remedy for an existing tort. 

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Caps on Damages in Medical Malpractice Cases

The constitutionality of damage caps is an important issue for health-care providers, liability insurers, and attorneys who represent them.  Health-care provider groups and liability insurers see damage caps as an effective way of limiting their potential exposure, thereby making the cost of doing business more predictable.  However, states around the country continue to propose and to debate the need for damage caps as well as the constitutionality of the damage caps already in place.  These debates undermine the ability of legislatures to pass damage caps where they do not already exist and limit the effectiveness of the caps that are in place because health-care providers and liability insurers question whether the caps can be relied upon.

This article attempts to provide basic information about the nature of damage caps, a summary of the damage caps that are currently in place, and a summary of the most common constitutional challenges. 

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Appeals Court Revives Lawsuit Filed by Terror Victims Against UK Bank   - Wall Street Journal Law Blog 9/22/2014
Record $30 million whistleblower award from SEC will bring attention to the program  - Inside Counsel 9/22/2014
AG Holder Seeks Tools to Prosecute Executives for White Collar Crimes  - Insurance Journal 9/22/2014
Doctor sues GA medical center, alleges false billing  - Atlanta Business Chronicle 9/22/2014
Nursing Home Neglect Trial Fights Shell Company Transfers   - Bloomberg 9/22/2014
Companies Join Investors to Pledge Climate Action   - Bloomberg 9/22/2014
BakerHostetler withdraws from House GOP suit against Obama  - ABA Journal 9/22/2014
Hard Times for Software Patents   - Wall Street Journal Law Blog 9/22/2014
Digicon accused in class-action suit of falsely claiming employees as exempt to avoid paying overtime  - Washington Business Journal 9/22/2014
Led Zep’s Bid to Toss ‘Stairway’ Suit: Intellectual Property  - Bloomberg 9/22/2014
Lawsuit Filed Over Bayer's Mirena Intrauterine Device  - Courthouse News 9/22/2014
GM ignition death toll hits 21  - Detroit News 9/22/2014
Glaxo’s China Fine Signals No Immunity for Multinationals  - Bloomberg 9/22/2014
U.S. court voids RadioShack class-action settlement over card receipts  - Reuters 9/22/2014
Toyota Recalling 20,000 Vehicles Due to Fuel Leak Risk  - Claims Journal 9/22/2014

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