Florida Courts Of Appeal

ATTORNEYS - BNP Paribas challenged an order that required the company's vice president to answer questions that invade the attorney-client privilege. The Florida Courts of Appeal ruled that the trial court incorrectly found that the crime-fraud exception to the attorney-client privilege applied without holding an evidentiary hearing. The attorney-client privilege is entitled to more deference than a trial judge's belief unsupported by proof that the court has been lied to. Remanded. BNP Paribas v. Wynne

DAMAGES, ATTORNEY FEES - A university employee won an age discrimination case but the trial court ruled that state law capped all damages available, including attorney fees, at $100,000. The Florida Courts of Appeal ruled that the employee prevailed on two separate claims and thus is entitled to two awards of $100,000. To accept the schools' view that one award is available because only one judgment is involved would lead plaintiffs to file a single suit for each claim, unnecessarily clogging the courts. Zamora v. Florida Atlantic University

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