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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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Giuliani: Noriega’s Suit Against ‘Call of Duty’ Makers Could Chill Speech   - Wall Street Journal Law Blog 9/23/2014
What To Expect When The Supreme Court Returns To Work Next Week  - ThinkProgress 9/23/2014
Bakrie Sued by U.S. Investors Over $380 Million in Bonds   - Bloomberg 9/23/2014
Solving the legal profession's problems will take multidisciplinary help, says Richard Susskind  - ABA Journal 9/23/2014
Kansas AG seeks dismissal of teachers' union lawsuit  - Wichita Business Journal 9/23/2014
Rackspace wins battle against “patent troll”  - San Antonio Business Journal 9/23/2014
President Obama Joins Climate Summit That Doesn’t Force Remedies   - Bloomberg 9/23/2014
Major Changes Coming to FDA Revised Food Safety Rules  - Claims Journal 9/23/2014
U.S. Treasury moves against tax-avoidance 'inversion' deals  - Reuters 9/23/2014
Online Poker Magnate Raises the Ante in Chevron Pollution Case  - Businessweek 9/23/2014

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