IADC Amicus Briefs

By Harrison, Kendall | Defense Counsel Journal, July 2019 | Go to article overview

IADC Amicus Briefs


Harrison, Kendall, Defense Counsel Journal


The last association year has been a busy one for the IADC Amicus Curiae Committee. In addition to implementing new guidelines for evaluation of amicus requests, the Committee filed a number of briefs in a variety of cases throughout the country.

Most recently, the California Supreme Court ruled favorably to the position taken by the IADC in Monster Energy v. Schechter. The Court reinstated a lawsuit by Monster against a plaintiff's attorney who breached a confidentiality agreement in a previous settlement. The plaintiff's lawyer signed the agreement, but later argued that because he was not a party to it, and had just "approved [the agreement] as to form and content," he had no obligation to keep the contents of the agreement confidential. The IADC amicus brief explained the importance of settlement and confidentiality to the ability of parties to resolve their disputes, as well as the need to adhere to the reasonable expectations of the parties in signing the settlement contract. The IADC urged the Court to adopt a rule that creates clear standards on how to draft and implement confidentiality clauses that are truly enforceable.

In February 2019, the IADC received a favorable ruling from the Texas Supreme Court in City of Dickinson v. Texas Windstorm, a case involving attorney-client privilege issues. The Court held that the privilege covers a lawyer's communications with an employee-expert, including the lawyer's revisions to the expert's affidavit. Our amicus brief argued that the need for a lawyer's communications with an employee-expert does not override the public policy behind the privilege - encouraging candid communications so the lawyer can provide optimal legal advice. The Court not only adopted that view, but gave an explicit shout-out to the IADC in the opinion for its brief.

In August 2018, the IADC obtained another positive result in Kim v. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

IADC Amicus Briefs
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.