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Heitzenrater v. Officemax, Incorporated et al

MEMORANDUM in Support re MOTION to Compel Defendants' Corporate Representative to testify regarding facts underlying Defendants' Affirmative Defenses of Good Faith and Lack of Willfulness

12 Cited authorities

  1. Oppenheimer Fund, Inc. v. Sanders

    437 U.S. 340 (1978)   Cited 4,391 times   20 Legal Analyses
    Holding that that the production of putative class members' names pursuant to Federal Rule 26 was not "within the scope of legitimate discovery."

  2. Wards Cove Packing Co. v. Atonio

    490 U.S. 642 (1989)   Cited 979 times   20 Legal Analyses
    Holding causation was not demonstrated because plaintiffs had not disproved the possibility that the overrepresentation of minority workers in lower-paying cannery positions was caused by the company's contract with a predominantly non-White labor union

  3. U.S. v. Bilzerian

    926 F.2d 1285 (2d Cir. 1991)   Cited 878 times   3 Legal Analyses
    Holding that while expert "may opine on an issue of fact within the jury's province," he "may not give testimony stating ultimate legal conclusions based on those facts"

  4. In re County of Erie

    546 F.3d 222 (2d Cir. 2008)   Cited 175 times   2 Legal Analyses
    Holding that the separate question of "whether a right is ‘clearly established’ is determined by reference to the case law extant at the time of the violation" and that "[t]his is an objective, not a subjective test, and reliance upon advice of counsel therefore cannot be used to support the defense of qualified immunity"

  5. John Doe Co. v. U.S.

    350 F.3d 299 (2d Cir. 2003)   Cited 103 times   1 Legal Analyses
    Recognizing "at issue" waiver of work-product privilege where party has "placed a contention at issue"

  6. Scott v. Chipotle Mexican Grill, Inc.

    67 F. Supp. 3d 607 (S.D.N.Y. 2014)   Cited 31 times
    Finding that the defendant had to produce "all responsive documents previously withheld on privilege grounds" when it had asserted a good faith defense

  7. Leviton Mfg. Co., Inc. v. Greenberg Traurig LLP

    09 Civ. 8083 (GBD) (THK) (S.D.N.Y. Dec. 6, 2010)   Cited 34 times
    Holding that "advice of counsel may be placed in issue where, for example, a party's state of mind, such as his good faith belief in the lawfulness of his conduct, is relied upon in support of a claim of defense" and that" [b]ecause legal advice that a party received may well demonstrate the falsity of its claim of good faith belief, waiver in these instances arises as a matter of fairness"

  8. MBIA Ins. Corp. v. Patriarch Partners VIII, LLC

    09 Civ. 3255 (S.D.N.Y. Jul. 2, 2012)   Cited 22 times
    Finding party waived privilege when it "demonstrated its intention to place the opinion of counsel at issue" in opposing motion for summary judgment

  9. Xuedan Wang v. Hearst Corp.

    12 CV 793 (HB) (S.D.N.Y. Dec. 19, 2012)   Cited 13 times

    12 CV 793 (HB) 12-19-2012 XUEDAN WANG, on behalf of herself and all others similarly situated, Plaintiff, v. THE HEARST CORPORATION, Defendant. Harold Baer OPINION & ORDER Hon. HAROLD BAER, JR., District Judge: Before the Court is Plaintiffs' letter motion to order Defendant Hearst Corporation ("Defendant") to produce discovery related to the affirmative defense of good faith. For the reasons set forth below, Plaintiffs' motion is GRANTED with a caveat. Background The Third Amended Complaint ("TAC")

  10. Baker v. Gerould

    03-CV-6558L (W.D.N.Y. Mar. 27, 2008)   Cited 3 times

    03-CV-6558L. March 27, 2008 DECISION ORDER MARIAN PAYSON, Magistrate Judge PRELIMINARY STATEMENT Plaintiff, an employee of the New York State Department of Environmental Conservation (the "DEC"), commenced this action under Sections 1983 and 1985 of Title 42 of the United States Code, alleging that defendants failed to promote him to the position of Captain in retaliation for having exercised his constitutional rights. (Docket # 56). By order dated January 27, 2004, the above-captioned matter has

  11. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,075 times   126 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

  12. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,536 times   8 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful