How has the joint defense doctrine been interpreted in the context of privileged communications between parties to civil litigation?
"New York", United States of America
The following excerpt is from AMBAC Assurance Corp. v. Countrywide Home Loans, Inc., 2016 N.Y. Slip Op. 04439, 27 N.Y.3d 616, 36 N.Y.S.3d 838, 57 N.E.3d 30 (N.Y. 2016):
Courts eventually replaced this joint defense doctrine, which applied to criminal codefendants, with a broader exception that also protected communications between parties to civil litigation. In Schmitt v. Emery, 211 Minn. 547, 2 N.W.2d 413 (1942), a privileged document was exchanged among counsel
[27 N.Y.3d 626]
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