Judge John Sedwick has held that the Protection and Advocacy for Individuals with Mental Illness Act of 1986 preempts the “peer review” privilege created by AS 18.23.030.
The Disability Law Center of Alaska sought a preliminary injunction forcing the North Star Behavior Health System to turn over records about the treatment of a North Star patient, after receiving a […]
In an overtime misclassification case, a California court has held that portions of employer counsel’s pre-litigation review of jobs is not privileged, here, descriptions of the employees duties. H/T: Robin Weideman at California Labor & Employment Law Blog
Parties to employment matters seek to discover income tax returns for several purposes: An employer defendant may want the plaintiff’s returns to see what the plaintiff’s post-termination income has been. Plaintiffs as well as defendants might want the returns of expert witnesses to try to impeach their trial testimony. Friday’s revised opinion by the Alaska Supreme Court […]
Judge John Sedwick has held that the work product privilege protects documents created in anticipation of litigation by non-attorneys working for attorneys, as well as by attorneys themselves. Here, while the privilege log did not indicate that an attorney was the intended recipient of the documents created by DLCA’s staff investigator, the Court relied on […]
