G. BouSamra, M.D. v. Excela Health, Aplts.
Supreme Court of Pennsylvania
1Opinion of the CourtJustice Mundy
In this appeal by allowance, we consider whether Excela Health waived the attorney work product doctrine or the attorney-client privilege by forwarding an email from outside counsel to its public relations and crisis management consultant, Jarrard, Phillips, Cate & Hancock. We conclude that the attorney work product doctrine is not waived by disclosure unless the alleged work product is disclosed to an adversary or disclosed in a manner which significantly increases the likelihood that an adversary or anticipated adversary will obtain it. Accordingly, we remand this matter to the trial court…
2Cases cited49 opinions
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- Fisher v. United StatesSupreme Court of the United States · 1976
- United States v. NoblesSupreme Court of the United States · 1975
- Jaffee v. RedmondSupreme Court of the United States · 1996
- Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
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