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AMERICAN TOBACCO CO. v. STATE

No. 97-1405.

697 So.2d 1249 (1997)

The AMERICAN TOBACCO COMPANY; R.J. Reynolds Tobacco Company; RJR Nabisco, Inc.; Brown and Williamson Tobacco Corporation; Philip Morris, Incorporated; Philip Morris Companies, Inc.; Lorillard Tobacco Company; United States Tobacco Company; Ust, Inc.; the Council for Tobacco Research-USA, Inc., the Tobacco Institute, Inc., Petitioners, v. The STATE of Florida; Lawton M. Chiles, Jr., individually and as Governor of the State of Florida; Department of Business and Professional Regulation; the Agency for Health Care Administration; and Department of Legal Affairs; Dosal Tobacco Corp., Inc.; British-American Tobacco Co., Ltd.; Hill & Knowlton, Inc., Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing, Rehearing, and Certification Denied August 5, 1997.

Attorney(s) appearing for the Case

Stephen J. Krigbaum of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., West Palm Beach, and Murray R. Garnick, Steven P. Lockman and Even Hurwitz of Arnold & Porter, Washington, D.C., and Sidney A. Stubbs, Jr. of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for petitioners.

William C. Gentry of Gentry, Phillips & Hodak, P.A., Jacksonville, and Ronald L. Motley, J. Anderson Berly, III, and Frederick C. Baker of Ness, Motley, Loadholt, et al., Charleston, SC, and Robert A. Butterworth, Attorney General, Tallahassee, and Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., and Robert M. Montgomery, Jr. of Montgomery & Larmoyeux, West Palm Beach, and Michael Maher of Maher, Gibson & Guiley, Orlando, and Wayne Hogan of Brown, Terrell, Hogan, Ellis, McClamma & Yegelwel, P.A., Jacksonville, for respondents.

Rehearing, Rehearing En Banc, and Certification Denied August 5, 1997.

WARNER, Judge.

This petition for certiorari involves a case of first impression regarding the standard of proof necessary to establish the crime-fraud exception to the attorney-client privilege. The trial court followed Haines v. Liggett Group, Inc., 975 F.2d 81 (3d Cir.1992), in determining that a prima facie showing had been made by the respondents...

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