Sentences with phrase «claims of privilege based»

Not exact matches

Although the empowerment of its own members is an important goal for every marginalized social group, by claiming an authority based in epistemic privilege the group reinscribes the values and practices used to socially marginalize it by excluding its voice, silencing it and commanding its obedience to the voice of the dominant group.

A sufficient description of the document (s) must also be produced in order to establish the evidentiary basis for the privilege claimed (e.g. to establish that the document was created to prepare for reasonably apprehended litigation).

Notwithstanding its exceptional nature, it may be that regulators or prosecutors in certain circumstances will wish to challenge a party's claim to privilege on the basis of this exception.

(iv) Where the court is not satisfied on the basis of the affidavit and the other evidence before it that the right to withhold inspection is established, it may: (a) conclude that the evidence does not establish a legal right to withhold inspection and order inspection; (b) order a further affidavit to deal with matters which the earlier affidavit does not cover or on which it is unsatisfactory; (c) inspect the documents (inspection should be a solution of last resort and should not be undertaken unless there is credible evidence that those claiming privilege have either misunderstood their duty, or are not to be trusted with the decision making, or there is no reasonably practical alternative); or (d) order crossexamination of a person who has sworn an affidavit (however, cross-examination may not be ordered in the case of an affidavit of documents.

Further, the Court reinforced the requirement that to defend such claims in Court, documents must be described in a way that distinguishes whether solicitor - client privilege or litigation privilege is the basis of the claim.

Since joining FLR, Andrea has worked on numerous pleadings and memoranda involving motions to dismiss, to compel discovery, and for summary judgment on issues such as contracts (including personal services contracts), a wide variety of tort - based claims, punitive damages, privilege and sovereign immunity, insurance coverage, family law, Florida Deceptive and Unfair Trade Practices Act, Health Care Quality Improvement Act immunity and peer review, and estates and trusts.

Acted for insurance company on first case to consider piercing litigation privilege based on allegations of bad faith claims practices.

It filed a certificate under section 37 (1) of the Canada Evidence Act, which establishes a procedure for objecting to the disclosure of evidence based on a «specified public interest» and which starts with a «first stage» hearing to determine whether the privilege has been validly claimed.

The writer argues in his letter that (i) the evidence does not support the conclusion that there is systemic racism in the legal professions, (ii) the claim of systemic racism vilifies lawyers and paralegals by labelling them as racist, (iii) the 13 recommendations are a form of unauthorized social engineering, (iv) racism and bullying are just part of life and should be simply be endured and overcome by racialized licensees as others have done before them, (v) the true problem is economic class not race, (vi) white privilege is a ridiculous concept as it relates to white and racialized lawyers and (vii) racialized lawyers who join legal associations based on race or ethnic origin can not complain that they are not treated equally.

2005), addresses privilege logs: «Some trial courts in Kentucky have begun to require production or exchange of privilege logs as a means to require parties to establish a basis for a claim of privilege and to narrow discovery disputes about potentially privileged documents.

He pointed out that if the Minister decided that no emergency order was necessary, nothing would be before Cabinet and there would be no basis for a claim of Cabinet privilege.

In this lawsuit, Cosby raised an affirmative defense that Singer's demand letters to media outlets were shielded by litigation privilege, meaning that the attorney's statements were in conjunction with an anticipated or actual court action and couldn't form the basis of a defamation claim.

Where an investigator for a regulatory body sends emails to two complainants who have alleged fraud against a member, the investigator may be protected from a claim for «defamation» arising from the content of his emails (e.g., where he confirms to the recipients that the body is prosecuting the member for professional [mis] conduct for the fact that he recklessly [carried out certain conduct]»), based on the defence of «absolute privilege».