524 U.S. 399 (1998) Cited 417 times 6 Legal Analyses
Holding that the attorney-client privilege survives the client's death because “[c]lients may be concerned about reputation, civil liability, or possible harm to friends or family” and “[p]osthumous disclosure ... may be as feared as disclosure during the client's lifetime”
Holding that the elements of intentional infliction of emotional distress are: " extreme and outrageous conduct; intent to cause, or disregard of a substantial probability of causing, severe emotional distress; a causal connection between the conduct and injury; and severe emotional distress."
Noting that "to effect a waiver, the party must do more than simply deny the allegations in the complaint—he or she must affirmatively assert the condition 'either by way of counterclaim or to excuse the conduct complained of by the plaintiff'" (quoting Koump v. Smith, 25 N.Y.2d 287, 294, 303 N.Y.S.2d 858, 250 N.E.2d 857 (1969))
Noting that "videotapes ... are ordinarily admissible under standard evidentiary rubrics" for authentication, "including technically acceptable self-authentication techniques"