12 Cited authorities

  1. Oppenheimer Fund, Inc. v. Sanders

    437 U.S. 340 (1978)   Cited 3,747 times   18 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 927 times   20 Legal Analyses
    Holding that "in cases where [the precise] labor market statistics [are] difficult if not impossible to ascertain, ... [plaintiffs may rely on] certain other statistics ... [so long as they] are equally probative"
  3. U.S. v. Bilzerian

    926 F.2d 1285 (2d Cir. 1991)   Cited 755 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 147 times   1 Legal Analyses
    Holding that "[r]espondents shall have leave to reargue forfeiture of the privilege before the District Court should the Petitioners rely upon an advice-of-counsel or good-faith defense at trial"
  5. John Doe Co. v. U.S.

    350 F.3d 299 (2d Cir. 2003)   Cited 94 times   1 Legal Analyses
    Recognizing "at issue" waiver of work-product privilege where party has "placed a contention at issue"
  6. Leviton Mfg. Co., Inc. v. Greenberg Traurig LLP

    09 Civ. 8083 (GBD) (THK) (S.D.N.Y. Dec. 6, 2010)   Cited 26 times
    Holding plaintiff's claim that defendant's faulty legal representation caused it to lose valuable potential patent did not forfeit privilegeas to communications regarding whether potential patent would have had limited economic value for other reasons
  7. Scott v. Chipotle Mexican Grill, Inc.

    67 F. Supp. 3d 607 (S.D.N.Y. 2014)   Cited 21 times
    Finding that the defendant had to produce "all responsive documents previously withheld on privilege grounds" when it had asserted a good faith defense
  8. MBIA Ins. Corp. v. Patriarch Partners VIII, LLC

    09 Civ. 3255 (S.D.N.Y. Jul. 2, 2012)   Cited 18 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 11 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 2 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 12,437 times   101 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 3,871 times   9 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful