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Construction Defects Attorney-Client Privilege Homeowners Association (HOA)

Maynard Nexsen

Waiver of Attorney-Client Privilege in Bad Faith Litigation

Maynard Nexsen on

The United States District Court has confirmed in a recent decision that in most circumstances, the attorney-client privilege will be waived in bad faith litigation in South Carolina. In Contravest, Inc. v. Mt. Hawley Ins....more

Carlton Fields

For “At-Issue Waiver,” The Best Defense May Not Be An Affirmative Defense

Carlton Fields on

As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the...more

Nossaman LLP

Privilege Issues Are Important in Homeowner Association Construction Defect Litigation

Nossaman LLP on

Attorneys in Homeowners Association (“HOA”) construction defect cases must meet with the homeowners to provide litigation updates and it can sometimes be difficult to preserve the attorney-client privilege for the...more

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