Wednesday, April 10, 2019

Law In Action

Whenever a court improves access to information, I am moved to applaud.

Today's nachas to the Tennessee Supreme Court, which now provides online links to oral arguments bef ore the court.

Of interest 

Polly Spann Kershaw v. Jeffrey L. Levy - M2017-01129-SC-R11-CV

This case is a legal malpractice lawsuit in which the plaintiff claims she suffered financial harm and was convicted of criminal contempt as a result of the defendant’s negligent representation of the plaintiff in her divorce case.  The defendant moved for summary judgment, arguing that the plaintiff’s claims were barred under the judicial estoppel doctrine.  The trial court granted summary judgment, and the Court of Appeals affirmed the trial court’s judgment.  The plaintiff argues before the Supreme Court that the doctrine of judicial estoppel should not apply when the defendant’s own negligence caused the plaintiff to “settle in a compromised position.”

Dialysis Clinic, Inc. v. Kevin Medley, et al M2017-01352-SC-R11-CV 

This case considers whether the attorney-client privilege applies to communications between an attorney and a corporate client’s third-party agent.  The trial court in this case denied the defendant’s motion to compel the production of roughly 200 emails based on attorney-client privilege.  The defendants argue that the trial court denied them their procedural due process rights and that there is an absence of law regarding the standards for determining third-party agency privilege in Tennessee.  In response, the plaintiff argues that the trial court properly held that communications by and between plaintiff’s counsel and the third party were protected by the attorney-client privilege.  The plaintiff also argues that the Tennessee Supreme Court already has determined attorney-client privilege as it pertains to a third-party agent.

Enjoy! (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2019/04/whenever-a-court-improves-access-to-information-i-am-moved-to-applaud-todays-nachas-to-the-tennessee-supreme-court-which.html

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