A New Jersey federal judge is deciding whether to order a health insurer to disclose privileged materials, finding its lawyers may have misled regulators and the court and allowed e-mail spoliation. The evidence is "sufficient to warrant in camera review" of documents under the crime-fraud exception to the attorney-client and work-product privileges, the judge held. The exception can encompass communications "in furtherance of an intentional tort that undermines the adversary system itself," she said.
May 30, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A federal judge in Newark, N.J., is deciding whether to order a health insurer to disclose privileged materials, finding its lawyers may have misled regulators and the court and allowed e-mail spoliation.
The evidence “sets forth a prima facie showing sufficient to warrant in camera review” of documents under the crime-fraud exception to the attorney-client and work-product privileges, U.S. District Judge Faith Hochberg held on May 5 in Wachtel/McCoy v. Health Net.
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