Mortenson v. Commissioner

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that its prior bar on ex parte communications, announced in Loudon v. Mhyre, 756 P.2d 138 (Wash. 1988), survived amendments to the state’s physician-patient privilege statute
• “Facts are proper subjects of investigation and discovery, even if they are also the subject of privileged communications.”
• “We also reject the suggestion . . . that Upjohn completely trumps Loudon. It does not.”
• “Facts are proper subjects of investigation and discovery, even if they are also the subject of privileged communications.”
• attorney-client privilege is the oldest common law privilege; legislature enacted physician-patient privilege statute, RCW 5.60.060(4)
• “[T]he attorney-client privilege protects the privileged communications only–not the facts transmitted in 14 those communications. Facts are proper subjects of investigation and discovery, even if they are also the subject of privileged communications.”

Source: CourtListener parenthetical corpus (CC0).