Illinois, New York laws conflicted on corporate privilege

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 1, 2021 9:49 AM

Updated December 1, 2021 3:56 PM

New York’s law on attorney-client privilege for corporate clients is broader than the Illinois “control group” test. This difference called for conflict-of-law analysis under Sec. 139 of the Restatement (Second) of Conflict of Laws when Wesley Gibson, an Illinois resident, sued his homeowner’s insurer, Chubb National Insurance Co., for more than $4 million after a fire caused by lighting destroyed his residence in Carbondale.During discovery in the Northern District of Illinois, Gibson asked …

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