In Re State Farm Fire and Casualty Company, Plaintiff v. Gary J. Griggs and Susan A. Goddard, Defendants.

Summary

The court exercised its discretionary original jurisdiction because disclosure of allegedly privileged communications could not be adequately remedied on appeal. It held that State Farm did not impliedly waive attorney-client privilege by submitting its former attorney's affidavit, because the affidavit supplied factual rebuttal to alleged discovery misconduct rather than asserting a claim or defense dependent on privileged advice. The court therefore made the rule to show cause absolute.