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· 12/22/2014

Seneca Insurance v. Western Claims, Inc.

Citations

  • 774 F.3d 1272
  • 2014 U.S. App. LEXIS 24172

How courts have described this case

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

  • finding that party’s discovery disclosure of attorney advice was a deliberate act that resulted in loss of privilege by placing it at issue
  • recognizing the Oklahoma Supreme Court had not adopted a test but applying Hearn because both parties agreed that Oklahoma courts would apply a version of the Hearn test
  • arguing ION “categorically refuse[s]” to produce documents responsive to, among other discovery requests, Marlow Interrogatory No. 9
  • collecting lower court cases predicting Oklahoma would adopt a version of the so-called “Hearn test”
  • finding privilege waived as to privileged correspondence regarding legal advice party relied on for settling a lawsuit
  • finding privilege waived where corporate officers “generally did not rely on their own reasons for settling with Route 66 for $1 million” but instead “chose to rely on ‘advice of counsel’ to justify the reasonableness of the settlement”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gorsuch, Murphy, Moritz

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.