David Strassburger and Gretchen Moore Persuade Supreme Court to Grant Review

On January 30, 2018, the Supreme Court of Pennsylvania agreed to decide two important issues involving the work product doctrine and attorney-client privilege after considering a petition filed by David Strassburger and Gretchen Moore in Bou Samra v. Excela Health, et al.  Strassburger and Moore represent Excela Health and other defendants in lawsuits filed by two doctors who claim the hospital defamed them and interfered with their business relationships by going to press with allegations that the doctors inserted unnecessary cardiac stents in patients.  Before going to press, Excela consulted with counsel, and Excela shared its counsel’s advice with its public relations consultants.  The Supreme Court will decide whether sharing counsel’s mental impressions and advice with its public relations consultants waived the work product protection and attorney-client privilege that otherwise would have shielded the lawyer’s communication.