Pa. Court Muddies Privilege And Work-Product Waters

Law360 (July 10, 2019, 1:50 PM EDT) -- On June 20, 2019, the Pennsylvania Superior Court issued a decision in Newsuan v. Republic Services Inc.[1] It would perhaps have been better if the court had not done so. The Newsuan opinion is significantly flawed with respect to Pennsylvania’s attorney-client privilege and work-product doctrine.

Newsuan suffered an injury while working at a Republic Services work site. She sued Republic Services and others for negligence. Sixteen people, who were, at that time, Republic Services employees, witnessed the incident. However, by the time of the discovery dispute at issue in the litigation, seven of the 16 eyewitnesses were no longer Republic Services...

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