Legal Opinion
Wachtel v. Health Net, Inc.
Court of Appeals for the Third Circuit
Decided April 2, 2007No. 06-3031, 06-3032PublishedCited by 71 opinions
1Opinion of the Court
ROTH, Circuit Judge.
This appeal requires us to consider the application of a common-law evidentiary rule known as the “fiduciary exception” to the attorney-client privilege. Under this exception to the privilege, certain fiduciaries who obtain legal advice in the execution of their fiduciary obligations are precluded from asserting the attorney-client privilege against their beneficiaries. Although the fiduciary exception has been adopted by a number of other federal courts of appeals, we have not yet had the opportunity to decide whether the rule should apply within our circuit. We decline…
2Cases cited28 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- Fisher v. United StatesSupreme Court of the United States · 1976
- Varity Corp. v. HoweSupreme Court of the United States · 1996
- Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004
23 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- In Re Teleglobe Communications Corp.Court of Appeals for the Third Circuit · 2007
- United States v. Jicarilla Apache NationSupreme Court of the United States · 2011
- Mark Stephan v. Unum Life Insurance Company OfCourt of Appeals for the Ninth Circuit · 2012
- Solis v. Food Employers Labor Relations Ass'nCourt of Appeals for the Fourth Circuit · 2011
- United States v. Davita, Inc.District Court, N.D. Georgia · 2014
66 more not listed; retrieve them via the Exa API.