The High Court has reaffirmed the strength of protection given to parties seeking to resolve a dispute through reliance on the ‘without prejudice’ rule during negotiations. ...more
The concept of the “shareholder principle” in English law provides that a company cannot assert privilege against its own shareholders, unless the privileged documents in question were created for the dominant purpose of...more
On December 13, 2023, Variety reported that Luke Combs stated he was “sick to [his] stomach” to learn he won a $250K judgment in Illinois federal court against a Florida woman who earned $380, selling 18 handmade Luke...more
Without prejudice is a phrase often used in communications between parties seeking to reach settlement. Whether or not communications will be regarded as without prejudice will depend on their substance and we recently looked...more
As we have detailed before, Christian Bruckner and his company, Project Management Corporation, sued the federal government in Florida claiming that the Infrastructure Investment and Jobs Act’s earmarked 10%—of its...more
Our January update includes new cases on “without prejudice” conversations on termination of employment, the difficulties of applying 100% “Polkey” reductions in unfair dismissal awards, and issues of employers introducing...more
The Superior Court of New Jersey, Appellate Division answered this question on April 11, 2022 in Christine Ann Devers v. Jeffrey Eric Devers. The parties were divorced in May 2017 following a trial that spanned three (3)...more
An expert report prepared during the course of settlement discussions in Californian proceedings was protected and not disclosable in separate but related English proceedings. If a document is subject to without prejudice...more
The Hong Kong Court of Appeal has confirmed the position that correspondence marked "without prejudice" may not in fact be inadmissible before the court notwithstanding the label. Whether there was an existing dispute is a...more
Biofrontera AG (“Petitioner”) filed an unopposed motion to dismiss the petition during the preliminary phase of the proceedings. Here, DUSA Pharmaceuticals, Inc. (“Patent Owner”) had not yet filed a Preliminary Response, and...more
A New Jersey federal court dismissed slack-fill claims against the manufacturer of Junior Mints and Sugar Babies products. Plaintiff Regan Iglesia purchased Junior Mints in 2017 and claimed that the boxes of the challenged...more
In Russell v. The Brick Warehouse LP, 2021 ONSC 4822 (The Brick Warehouse), on a motion for summary judgment in a wrongful dismissal action, the court awarded $25,000 in moral/aggravated damages because the employer breached...more
This Court of Appeal ruling considers the ambit of existing exceptions to the ‘without prejudice’ rule. The defendant was successful in getting statements made in ‘without prejudice’ mediation position papers admitted in...more
Recently, the Northern District of Illinois dismissed a TCPA putative class action without prejudice, finding that faxes inviting recipients to attend free continuing education veterinary seminars did not constitute...more
Two cases illustrate the narrow scope of application for exceptions to the without prejudice rule of legal privilege. Background - In two recent judgments, the High Court found exception to the ‘without prejudice’ rule...more
The Employee Retirement Income Security Act of 1974 (ERISA) requires plan fiduciaries to act prudently and loyally when making decisions about the plan. In Martin v. CareerBuilder, LLC, a federal district court held that the...more
Following the decision in WH Holding Limited and West Ham United Football Club Limited v E20 Stadium LLP, the Court of Appeal has recently considered the application of litigation privilege (and without prejudice privilege)...more