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Wednesday
Nov252009

Costco Wholesale Corp. v. Superior Court and Roby v. McKesson Corporation opinions will be available November 30, 2009

Because of the Thanksgiving holiday, the Supreme Court announced opinion filings that will be published on Monday, November 30, 2009.  The Court's Notice is available here.

Costco Wholesale Corp. v. Superior Court, previously mentioned on this blog here, will address the following issues:

(1) Does the attorney-client privilege (Evid. Code, § 954) protect factual statements that outside counsel conveys to corporate counsel in a legal opinion letter? (2) Does Evidence Code section 915 prohibit a trial court from conducting an in camera review of a legal opinion letter to determine whether the attorney-client privilege protects facts stated in the letter?

And Roby v. McKesson Corporation will address the following issues:

(1) In an action for employment discrimination and harassment by hostile work environment, does Reno v. Baird (1998) 18 Cal.4th 640, require that the claim for harassment be established entirely by reference to a supervisor’s acts that have no connection with matters of business and personnel management, or may such management-related acts be considered as part of the totality of the circumstances allegedly creating a hostile work environment? (2) May an appellate court determine the maximum constitutionally permissible award of punitive damages when it has reduced the accompanying award of compensatory damages, or should the court remand for a new determination of punitive damages in light of the reduced award of compensatory damages?

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