§Why CasetextPricing

USA v. Kallen-Zury et al

MOTION to Exclude Advice of Counsel/Good Faith Defense

10 Cited authorities

  1. Cox v. Adm' U.S. Steel & Carnegie

    17 F.3d 1386 (11th Cir. 1994)   Cited 824 times   3 Legal Analyses
    Holding that the Eleventh Circuit does not follow the non-identity rule, and noting that it would permit vicarious liability even if it did follow the non-identity rule

  2. U.S. v. Bilzerian

    926 F.2d 1285 (2d Cir. 1991)   Cited 889 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"

  3. Inmuno Vital, Inc. v. Telemundo Grp., Inc.

    203 F.R.D. 561 (S.D. Fla. 2001)   Cited 41 times
    Denying motion to amend an answer to add an advice of counsel defense and stating that "[b]y blocking Plaintiff's attempt to obtain discovery on the legal advice rendered from outside counsel on the disputed issue, Defendants unfairly attempted to use the privilege as a sword to bolster and protect its advice of counsel defense."

  4. K & S Assocs. Inc. v. American Ass'n of Physicists in Med.

    No. 3:09-cv-1108 (M.D. Tenn. Dec. 14, 2011)   Cited 1 times

    No. 3:09-cv-1108 12-14-2011 K & S ASSOCIATES, INC., Plaintiff, v. AMERICAN ASSOCIATION OF PHYSICISTS IN MEDICINE, Defendant. KEVIN H. SHARP JUDGE SHARP ORDER Plaintiff's Motion to Preclude Defendant from Relying on an Advice of Counsel Defense (Docket Entry No. 60) is hereby GRANTED. Defendant, American Association of Physicists in Medicine, would normally hold the attorney-client privilege regarding its communications between Defendant and its attorneys unless this privilege is implicitly waived

  5. Vicinanzo ex rel. Vicinanzo v. Brunschwig & Fils, Inc.

    739 F. Supp. 891 (S.D.N.Y. 1990)   Cited 19 times
    Finding no waiver of privilege where client disclosed nothing "more than a glimpse" into legal advice received, "summariz[ing] counsel's opinion in conclusory and unrevealing terms, thereby indicating an intention to . . . preserve the privilege"

  6. Section 371 - Conspiracy to commit offense or to defraud United States

    18 U.S.C. § 371   Cited 21,516 times   140 Legal Analyses
    Requiring proof of an "act to effect the object of the conspiracy"

  7. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,032 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  8. Section 1349 - Attempt and conspiracy

    18 U.S.C. § 1349   Cited 5,192 times   41 Legal Analyses
    Criminalizing "[a]ny person who attempts or conspires to commit any offense under this chapter"

  9. Section 1347 - Health care fraud

    18 U.S.C. § 1347   Cited 1,892 times   49 Legal Analyses
    Aiding and abetting and health-care fraud for Patient L

  10. Section 1320a-7b - Criminal penalties for acts involving Federal health care programs

    42 U.S.C. § 1320a-7b   Cited 1,453 times   316 Legal Analyses
    Prohibiting the solicitation or receipt of "remuneration" in exchange for referrals