Trans Professor Wins Access to State Info in Insurance Suit

Sept. 22, 2021, 3:08 PM

Arizona must turn over documents about a decision that its employee health plans won’t pay for gender-confirming surgery because it impliedly waived its attorney-client privilege in them, a federal court said.

A magistrate judge correctly decided that the attorney-client privilege didn’t shield the information from discovery because state officials put the question of whether they relied on legal advice when making the decision into issue in the case, the U.S. District Court for the District of Arizona said.

Russell Toomey wouldn’t be able to adequately respond to the state’s advice-of-counsel defense unless he is able to examine the withheld documents, ...

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