- 04
- Dec
- 2019
In Alabama, Attorney Evaluation Still Privileged Even if Reasonableness of Third Party Settlement is at Issue
On November 27, 2019 the Alabama Supreme Court released its opinion in Ex parte Dow Corning Alabama, Inc., et al. In this case an employee ...
Read More- 03
- Jun
- 2014
Alabama Supreme Court Now Decides To Stay Out Of Work-Product Issue
In Ex parte Schnitzer Steel Industries, Inc., released on September 27, 2013 (summarized on our blog September 28, 2013), the Alabama Supreme Court granted the employer’s petition for writ of...
Read More- 28
- Sep
- 2013
Alabama Supreme Court Says Post-Accident Investigation Reports are not Always Protected as Work Product
On September 27, 2013, the Alabama Supreme Court released its opinion in Ex parte Schnitzer Steel Industries, Inc. wherein it addressed the discoverability of post-accident investigation reports.�� The subject report...
Read More- 15
- Oct
- 2010
NY Judge Grants Discovery of Facebook and Myspace Postings
Acting Justice Jeffrey Arlen Spinner has ruled that a plaintiff must give a defendant access to private postings from two social networking sites that could contradict claims she...
Read More- 06
- Jul
- 2010
Is it Necessary to Secure a Separate HIPAA Release to Disperse Records to an Expert Witness?
Although workers' compensation matters are exempted from HIPAA, it is a regular practice to have the claimant sign HIPAA releases so that the employer's attorney can review all of the...
Read More- 15
- Oct
- 2009
MISSING DOCUMENTS USED TO PROVE CASE
An interesting development from another jurisdiction. On October 8, 2009 a New York appeals court agreed with the New York State Workers' Compensation Board that a data entry employee should have...
Read More- 01
- Oct
- 2009
FACEBOOK INFORMATION PROTECTED BY FEDERAL LAW
This is an update to a story from a few months ago in which we noted that the Philadelphia Bar Association issued an advisory that stated that it is unethical...
Read More- 11
- May
- 2009
CANNOT USE FRIENDS TO ACCESS FACEBOOK AND MYSPACE PAGES
In a March advisory opinion, the Philadelphia Bar Association stated that it is unethical to gain access to a witness’ social networking web site by using a "friend" not affiliated...
Read More
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