Appellate Law News and Insights

Supreme Court Decides Not To Clarify Standard For Attorney-Client Privilege For Dual-Purpose Communications

Published: Feb 13, 2023
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On January 23, the Supreme Court surprisingly decided to dismiss as "improvidently granted" the writ of certiorari it had granted in the case In re Grand Jury, No. 21-1397. This one-line dismissal order came after full briefing by the parties, thirteen substantive amicus briefs from various legal and business organizations, and...

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Florida Court Declines To Find Exculpatory Clauses Preclude Strict Products Liability Claims

Published: Jan 29, 2023
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In a matter of first impression, a Florida appeals court recently held that a retailer's exculpatory clause does not apply to claims brought under a theory of strict products liability. In Harrell v. BMS Partners, LLC, the plaintiff purchased a motorcycle from a local retailer and alleged that the motorcycle soon began...

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Supreme Court Changes Decision And Declines To Review Attorney-Client Privilege

Published: Jan 25, 2023
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On January 23, 2023, after hearing an extensive oral argument, the Supreme Court dismissed In re Grand Jury, 23 F.4th1088 (9th Cir. 2021), cert granted, 143 S. Ct. 80 (2022), a highly anticipated case about how the attorney-client privilege applies to "multipurpose" communications. Absent clear direction form the Supreme Court, lawyers and...

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