Tobacco ruling could curtail client privilege; court's easy standard for ordering disclosure may become the U.S. rule

Article Abstract:

The Florida Court of Appeal for the 4th District ruled on Jul 23, 1997 to permit public release of eight documents comprising communications between tobacco companies and their attorneys. The industry had claimed that the documents were protected under attorney-client privilege. The court found that because the documents revealed evidence of fraud and criminal conduct, the attorney-client privilege did not apply. The ruling will probably have national impact because it makes the documents readily available to other judges and attorneys involved in litigation against the tobacco industry.

Attorneys, Lawyers, Fraud, Testimony, Records and correspondence, Confidential communications, Attorney-client privilege

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Unions sue over tobacco-related health expenses; union attorneys borrow a page from state suits filed by attorneys general

Article Abstract:

Class actions in 28 states have been filed against the tobacco industry by union health care trust funds to recover money spent on tobacco-related illnesses, modeled after actions by state attorneys general to recover Medicaid costs. Lawyers representing the funds specialize in labor law, litigation, or ERISA and trust fund law. Selling the proposed global settlement of the Medicaid litigation requires any other tobacco litigation to stop, but fund lawyers predict that any legislative settlement eliminating them could be challenged in appellate court.

Health aspects, Class actions (Civil procedure), Class action lawsuits, Smoking, Labor unions, states

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States suffer tobacco settlement envy; Miss., Fla. and Texas may re-examine terms after Minnesota pact

Article Abstract:

Each of the tobacco suit settlement agreements in Mississippi, Florida, and Texas had a provision that would amend them to take advantage of later deals negotiated by other states, but the exact meaning of such provisions, called most-favored nation, or MFN clauses, is in dispute, and the $6.17 bil deal reached May 8, 1998, may bring them into play. Whether the clauses allow states to pick and choose among settlement portions is in controversy, as are attorney fees.

Mississippi, Texas, Minnesota

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