Even though the state Supreme Court has agreed to take a second crack at determining whether attorney-client privilege applies to communications from the attorney to the client, a Philadelphia Common Pleas judge had to rely on a Superior Court opinion that found it doesn’t when he denied more than 300 claims of privilege.
Judge Mark I. Bernstein said in Kolar v. Preferred Unlimited Inc. that he was bound by the Superior Court’s opinion in Nationwide v. Fleming because the Supreme Court’s plurality opinion was not binding and it was irrelevant that the high court granted allocatur on the same issue in another case.
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