Eqt Chap v. Ehs

Summary

The Montana Supreme Court held that Pennsylvania privilege law governs a subpoena seeking records arising from newsgathering conducted in Pennsylvania, even though the subpoenaed news organization is headquartered in Montana. The court concluded that Montana and Pennsylvania law present an actual conflict and that the Restatement factors favor Pennsylvania because the reporting, communications, research, and underlying dispute are centered there. The court reversed the order quashing the subpoena and remanded for determination of which records, if any, are privileged under Pennsylvania law.