Privilege

Privilege

McGuireWoods LLP

The last two Privilege Points have addressed some federal courts’ inexplicable application in diversity cases of their host states’ substantive privilege law rather than their host states’ choice of law rules.

Privilege

McGuireWoods LLP

Last week’s Privilege Point noted that some federal courts erroneously apply their host state’s substantive privilege law rather than properly applying their host state’s choice of law rules — which might result in another state’s privilege law applying.

Privilege

McGuireWoods LLP

Not surprisingly, federal courts handling federal question cases apply federal common law privilege principles (essentially textbook-type generic rules).