holding that a party who asserts a claim that "in fairness requires examination of protected communications" thereby waives the attorney-client privilege as to those communications
Summary of this case from Livingstone v. North Belle Vernon BoroughNo. 90-1803.
October 7, 1991, October TERM, 1990.
C.A. 2d Cir. Certiorari denied. Reported below: 926 F. 2d 1285.
holding that a party who asserts a claim that "in fairness requires examination of protected communications" thereby waives the attorney-client privilege as to those communications
Summary of this case from Livingstone v. North Belle Vernon Boroughholding that the defendant client's advice of counsel basis for "good faith belief" as a defense to stock fraud indictment placed the legal advice evidencing client's knowledge of the law directly in issue
Summary of this case from Loguidice v. McTiernanholding that defendant's assertion that he thought his actions were legal would place in issue advice received from counsel at time actions were taken
Summary of this case from Darius v. City of Bostonremanding case to district court for a de novo hearing on whether the federal employee's conduct occurred within the scope of his employment and permitting plaintiff discovery on the question
Summary of this case from Mauss v. U.S.Full title:BILZERIAN v. UNITED STATES
Court:U.S.
Date published: Oct 7, 1991
Id. at 102-03. See alsoUnited States v. Bilzerian, 926 F.2d 1285, 1291-94 (2d Cir.), cert. denied, [ 502 U.S.…
Garcia v. U.S.(Earlier, the Eleventh Circuit required remand, but quickly vacated that requirement. See Ranch v. Letinin,…