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Case Briefing

BY ALM Staff
April 01, 2003

Attorney/Client Privilege Not Extended to 'Affiliate'

The U.S. District Court for the District of New Hampshire refused to suppress evidence contained in an attorney's letter to an affiliate of defendants', as defendants could offer no evidence that the affiliate was part of their corporate entities such that communications to it should be covered by the attorney/client privilege. Moore v. Medeva, 2003 DNH 60, 2003 U.S. Dist. LEXIS 5960, Civ. No. 01-311-M (4/9/03).

After receiving a flu vaccine allegedly manufactured, distributed, and sold by defendant pharmaceutical companies, plaintiff Linda Moore said she contracted a paralytic ailment known as Guillain-Barre Syndrome. The question presently before the court was whether a letter sent by defendants' attorney to another manufacturer and inadvertently given to plaintiff during discovery should be excluded from evidence and ordered returned to defendants.

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