Filing Update: NJ Supreme Court Grants Leave to Appeal Privilege Determinations

On February 6, 2018, the New Jersey Supreme Court granted a motion for leave to appeal and remanded to the Appellate Division to hear the appeal on the merits, in a case in which ACC filed amicus urging immediate review of privilege determinations.

In Sampson v. 3M Company, the Appellate Division of the New Jersey Superior Court denied appellate review of a lower court determination that documents, argued by counsel to be privileged attorney-client communications, be produced. While taking no position on the merits of the claim of privilege, ACC contends in its brief that litigants deserve immediate appellate review of privilege determinations. Not only does an erroneous ruling cause enormous harm in litigation, it threatens free, frank communication between in-house counsel and their clients. ACC asks the court to make it clear that decisions as to a party’s privilege claim be “presumed to be subject to immediate interlocutory appeal.”

See the brief here.