Legal Opinion
Kobluk v. University of Minnesota
Supreme Court of Minnesota
Decided January 28, 1998No. C4-96-1389PublishedCited by 16 opinions
1Opinion of the Court
OPINION
TOMLJANOVICH, Justice.
This case presents the issue of whether the attorney-client privilege may attach to preliminary drafts of a document, exchanged between a client and a lawyer, when the final version is published to a third party. Pursuant to the Minnesota Government Data Practices Act, an assistant professor at the University of Minnesota sought to obtain two earlier drafts of a letter in which the university conveyed its decision to deny him tenure. On cross-motions for summary judgment, the district court held that the attorney-client privilege shielded the first draft from…
2Cases cited22 opinions
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- Fisher v. United StatesSupreme Court of the United States · 1976
- In Re Grand Jury Subpoena Duces Tecum Dated September 15, 1983 Marc Rich & Co. A.G., Intervenor-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1984
- Rhone-Poulenc Rorer Inc. And Armour Pharmaceutical Company v. The Home Indemnity Company, a New Hampshire Corporation v. Aetna Casualty & Surety Insurance Aiu Insurance Company American Centennial Insurance Company Birmingham Fire Insurance Company First State Insurance Company Granite State Insurance Company Hartford Insurance Company Insco, Limited Insurance Company of Pennsylvania Lexington Insurance Company Manhattan Fire & Marine Insurance Company Motor Vehicle Casualty Company Old Republic Insurance Company Pantry Pride Inc. Promethean Insurance, Ltd. Prudential Reinsurance Company Puritan Insurance Company Revlon Inc. Twin City Insurance Company London Market Co. John Barrington Hume, as Representative of Underwriters at Lloyds Insurance Company of North America National Union Fire Insurance Company of Pittsburgh, Pennsylvania All City Insurance Company Employer's Mutual Casualty Gibralter Casualty Company Landmark Insurance Company New England Insurance Company Royal Insurance Company Republic Insurance Company International Insurance Company Pacific Insurance Company, Ltd. Atlanta International Insurance Company Century Indemnity Company Liberty Mutual Insurance Company Transport Insurance Company Midland Insurance Company Integrity Insurance Company Union Indemnity Insurance Transit Casualty Company City Insurance Company Drake Insurance Company Excess Insurance Company Home Insurance Company Pacific Employer's Insurance Company Royal Indemnity Company Zurich International Insurance Company Henrijean Illinois National Insurance Company North Star Reinsurance Company and National Casualty Insurance Company, and the Honorable James McGirr Kelly, United States District Judge for the Eastern District of Pennsylvania, Nominal Morgan, Lewis & Bockius Reed Smith Shaw & McClay Shanley & Fisher, P.C. Hughes Hubbard & Reed Montgomery McCracken Walker & Rhoads Skadden Arps Slate Meagher & Flom and Coopers & Lybrand, Intervenors in Support of Rhone-Poulenc Rorer Inc. And Armour Pharmaceutical Company v. The Home Indemnity Company, a New Hampshire Corporation v. Aetna Casualty & Surety Insurance Aiu Insurance Company American Centennial Insurance Company Birmingham Fire Insurance Company Transportation Insurance Company First State Insurance Company Granite State Insurance Company Hartford Insurance Company Illinois National Insurance Co. Insco, Ltd. Insurance Company of the State of Pennsylvania Lexington Insurance Company Manhattan Fire & Marine Insurance Company Motor Vehicle Casualty Company National Union Fire Insurance Company of Pittsburgh, Pa New England Reinsurance Company New Hampshire Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pantry Pride, Inc. Promethean Insurance, Ltd. Prudential Reinsurance Company Puritan Insurance Company Revlon, Inc. Twin City Insurance Company the London Market Companies and John Barrington Hume, a Representative of Underwriters at Lloyds of London and Revlon, Inc. v. City Insurance Company Drake Insurance Company Excess Insurance Company Henrijean the Home Insurance Company Pacific Employer's Insurance Company Royal Indemnity Company Zurich International Insurance Company Insurance Company of North America National Union Fire Insurance of Pittsburgh, Pa All City Insurance Company Employers Mutual Casualty Company Gibralter Casualty Company Landmark Insurance Company New England Insurance Company Royal Insurance Company Republic Insurance Company International Insurance Company Pacific Insurance Company, Ltd. Atlanta International Insurance Co. Century Indemnity Company Liberty Mutual Insurance Company Transportation Insurance Company Midland Insurance Company Pacific Insurance Company, Ltd. Atlanta Insurance Company Ltd. Century Indemnity Company Liberty Mutual Insurance Midland Insurance Company Integrity Insurance Company Union Indemnity Insurance Company Transit Casualty Company Royal Insurance Company Royal Indemnity Company New England Insurance Company Insurance Company of North America North Star Reinsurance Company and National Casualty Insurance Company, Morgan, Lewis & Bockius Reed Smith Shaw & McClay Shanley & Fisher, P.C. Hughes Hubbard & Reed Montgomery McCracken Walker & Rhoads Skadden Arps Slate Meagher & Flom and Coopers & Lybrand, Intervenors-AppellantsCourt of Appeals for the First Circuit · 1994
- Debra A. And George Simon v. G.D. Searle & Co.Court of Appeals for the Eighth Circuit · 1987
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3Cited by16 opinions
- State v. RhodesSupreme Court of Minnesota · 2001
- State v. CostelloSupreme Court of Minnesota · 2002
- Mahoney & Hagberg v. NewgardSupreme Court of Minnesota · 2007
- Prior Lake American v. MaderSupreme Court of Minnesota · 2002
- State Ex Rel. Humphrey v. Philip Morris Inc.Court of Appeals of Minnesota · 2000
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