Cotter v. Eighth Judicial District Court

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Here, the Supreme Court adopted the common interest rule that allows attorneys to share work product with third parties that have common interest in litigation without waiving the work-product privilege.Petitioner shared purported work-product material through emails with third parties who were intervening plaintiffs in the litigation and were suing the same defendants on similar issues. The district court concluded, without reviewing the emails, that Petitioner must disclose the emails based on his insufficient showing of common interest between him and the intervening plaintiffs. The Supreme Court granted Petitioner’s petition for extraordinary relief and directed the district court to refrain from compelling disclosure of the emails before it conducts an in camera review to establish clear findings concerning the work-product privilege, holding that Petitioner and the intervening Plaintiffs shared common interest in litigation. View "Cotter v. Eighth Judicial District Court" on Justia Law