In the article in this column that appeared on Sept. 10, 2007, the focus was on Seltzer v. Morton, 154 P.3d 561 (Mont. 2007), a case that addressed the question: at what point does zealous representation of clients spill over into conduct that will give rise to sanctions or, as in the Selzer case, a $9.9 million punitive damage award against the law firm in question? This article examines Medtronic Navigation, Inc. v. BrainLAB Medizinische Computersystems Gmbh, Slip Copy, 2008 WL 410413, (D.Colo. 2008), another case in which sanctions were imposed against a large national law firm for abusive litigation tactics. We will also consider Scott v. Beth Israel Medical Center Inc., 2007 WL 3053351 (N.Y.Sup.), 2007 N.Y. Slip Op. 27429, an important decision which holds that the attorney-client privilege may be lost when lawyers and clients communicate by e-mail using the client’s employer’s e-mail system.
Legal Thuggery
