David R. Hawkins v. Andrea L. Stables
Court of Appeals for the Fourth Circuit
1Opinion of the Court
■Reversed and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge ERVIN and Judge WILKINS joined.
OPINION
WILLIAMS, Circuit Judge:
David Hawkins appeals the district court’s ruling barring Andrea Stables’s attorney from testifying on the grounds of attorney-client privilege. He claims that the privilege was impliedly waived when Stables answered a question regarding advice the lawyer had given her during a deposition. We agree that the district court misapplied the law of privilege and must be reversed. The law of attorney-client privilege places the burden of proof…
2Cases cited14 opinions
- United States v. NixonSupreme Court of the United States · 1974
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- Trammel v. United StatesSupreme Court of the United States · 1980
- Jaffee v. RedmondSupreme Court of the United States · 1996
- Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
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3Cited by89 opinions
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- Miller UK Ltd. v. Caterpillar, Inc.District Court, N.D. Illinois · 2014
- United States v. Edward R. ButlerCourt of Appeals for the Fourth Circuit · 2000
- In Re: Grand Jury Subpoena United States of America v. Under Seal, and Under Seal, Intervenor-AppellantCourt of Appeals for the Fourth Circuit · 2003
- United States v. James Michael FarrellCourt of Appeals for the Fourth Circuit · 2019
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