New Jersey court issued an opinion involving the work-product privilege
New Jersey Insurance lawyer Jared Stolz explains the issues in Paladino et. al. v. Auletto Enterprises, Inc., a recent decision from the Appellate Division of the New Jersey Superior Court involving the work-product privilege
By: Stolz and Associates
"On October 9, 2015, plaintiff Caroline Paladino was a guest at a wedding reception at defendant's catering facility. As she was walking down a staircase, she fell and injured her left knee, lower back, and right ankle." Plaintiff reported the accident to the defendant, who was covered by a general liability insurance. The insurer retained an investigator to conduct an investigation of the claim and also interview the plaintiff and take photographs of the accident scene. Defendant did not produce the photographs, diagram, or statements, asserting that they were protected by the work-product privilege. Plaintiff's motion to compel was granted and appeal followed.
The Appellate Division discussed the work-product privilege and its application in this case, clarifying that precedent is not inconsistent and "both Pfender and Medford should be understood to require a case-by-case, fact-specific analysis." "The first inquiry is whether the materials were prepared or collected in anticipation of litigation or trial by another party or that party's representative."
*** Jared Elliott Stolz is an attorney in New Jersey, focusing on insurance law and litigation.
Attorney Profile: https://solomonlawguild.com/
Stolz and Associates
Jared E. Stolz, Esq.