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Publications

Understanding the Marital-Communications Privilege When Invoked by a Consortium Plaintiff

March 2018 - American Bar Association, Section of Litigation, Products Liability Litigation Committee, Practice Points

Publications

Understanding the Marital-Communications Privilege When Invoked by a Consortium Plaintiff

March 2018 - American Bar Association, Section of Litigation, Products Liability Litigation Committee, Practice Points

It is surprising when a plaintiff in a product-liability action invokes the marital-communications privilege. First, this privilege is typically only used in the criminal context. And second, even though defense counsel asks questions about marital communications to seek party admissions, most plaintiffs nevertheless jump at the chance to explain how their spouse has complained of injuries.

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