8 results for 'cat:"Civil Procedure" AND cat:"Privilege"'.
Per curiam, the court of civil appeals grants the law firm's petition for a writ of mandamus, in which it challenges a nonparty subpoena requiring the firm to provide the password to a certain iCloud account. The court does not grant "the specific relief requested," but it directs the lower court to either quash or modify the subpoena "in accordance with this opinion." Without modification, the subpoena would provide access to confidential communications that are protected under the attorney-client privilege.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 26, 2024, Case #: CL-2023-0811, Categories: civil Procedure, Discovery, privilege
Per curiam, the appellate court conditionally grants a writ of mandamus to vacate an order to compel the relator's compliance with a third-party subpoena for an underlying lawsuit alleging three individuals helped her to "obtain medication to facilitate an abortion." The discovery requests "facially request evidence that could, at least, furnish a link in the chain of evidence needed to prosecute relator for a crime."
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 9, 2024, Case #: 14-23-00834-CV, Categories: civil Procedure, Discovery, privilege
J. Williams conditionally grants the relators' petition for a writ of mandamus, in which they challenge an order in the underlying proceeding requiring the relator company "to waive its claims for affirmative relief unless its member/owner agreed to waive his privilege against self-incrimination" in connection with certain allegations against him. The lower court abused its discretion with the ruling, as it not only determined that the company would be sanctioned, but also that its claims would be "summarily dismissed."
Court: Texas Courts of Appeals, Judge: Williams, Filed On: February 29, 2024, Case #: 11-23-00254-CV, Categories: civil Procedure, privilege
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J. Yarbrough finds that the lower court properly granted summary judgment to the psychologist in this libel lawsuit brought by an individual who is "civilly committed pursuant to the Sexually Violent Predators Act" and contends that a written report about him contained inaccurate information. The psychologist's report was subject to the judicial proceedings privilege. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: November 1, 2023, Case #: 07-23-00072-CV, Categories: civil Procedure, Defamation, privilege
J. Pritzker finds that the lower court properly granted a school district dismissal of claims brought after a custodian was fired for misconduct based primarily on his personal use of school equipment. Claims that plaintiff was falsely arrested and imprisoned for stalking based on his social media posts had not been raised in the notice of claim, and school officials enjoyed qualified privilege. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: October 19, 2023, Case #: 535797, Categories: civil Procedure, Malicious Prosecution, privilege