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March 2016 Archives

Discovery of Privileged Material Revisited

Last week, it was noted that the Ohio Supreme Court revised its interpretation of appellate review of issues pertaining to discovery of privileged material. The new "Chen test" requires parties seeking an interlocutory appeal of a trial court's order, compelling the discovery of privileged material, to establish that no adequate remedy exists if the appeal were delayed until after the case was resolved. On that same day, the Second District released a decision involving a trial court's order compelling the discovery of privileged material that is illustrative of this new concept. Most of the issues in the Second District's case were non-unique.

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