Gardner v. Ray

How courts have described this case

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

• finding FLSA defendant put attorney-client communications about classification at issue by asserting the good-faith defense, thereby waiving the attorney-client privilege as to those communications
• finding no difference between defenses under § 259 or § 260 and finding any distinction between the two a matter of “artful pleading,” and so finding implied waiver “where it was evident that [defendant] did in fact have advice of counsel for the very topic at issue.”
• privilege waived because defendant’s claim of good faith could be evaluated only by examining the disputed communications, even when defendant has not expressly invoked counsel’s advice
• “[A]rtful pleading cannot negate an element of a statutory defense, especially here, where it is evident that [the Defendant] did in fact have the advice of counsel on the very topic at issue.”
• “[I]f (1) a defendant claims the defense of good faith, and (2
• “[C]ourts within this Circuit . . . have reaffirmed the broader principle that forfeiture of the privilege may result where the proponent asserts a good faith belief in the lawfulness of its actions, even without expressly invoking counsel’s advice.” (alteration in original

Source: CourtListener parenthetical corpus (CC0).