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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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FDIC collects settlement from law firm over failed bank  - South Florida Business Journal 9/18/2014
Bicyclists Roll on New York State DMV  - Courthouse News 9/18/2014
Suit targets websites that sold ammunition and tear gas to theater shooting suspect  - ABA Journal 9/18/2014
Eric Holder Calls For Bigger Rewards For Wall Street Whistleblowers  - The Huffington Post 9/18/2014 Website Warned of Security, Privacy Risks  - Insurance Journal 9/18/2014
Citibank Argues It’s Stuck Between Argentina and Judge  - Bloomberg 9/18/2014
Counselors as counselors, Part 1  - Inside Counsel 9/18/2014
Is state supreme court 'out of control' for holding legislature in contempt?  - ABA Journal 9/18/2014
News Corp's Robert Thomson asks European regulators to reconsider Google settlement  - Yahoo!Finance 9/18/2014
Retailer Fined $2M for Selling Recalled Products  - Courthouse News Service 9/18/2014
Trademarking DC’s coolness  - Inside Counsel 9/18/2014
Safety Concerns After Storm Drain Deaths  - Claims Journal 9/18/2014
Wells Fargo pays $290,000 in sex harassment case  - Yahoo!Finance 9/18/2014
New York AG files anti-trust lawsuit against drug maker  - Inside Counsel 9/18/2014
House Passes Measure to Ease Insurance Capital Standards Under Dodd-Frank  - Insurance Journal 9/18/2014

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