asserted holder privilege (Delaware) · Go Syfert
← Delaware issues

asserted holder privilege in Delaware

5 Delaware opinions name it 3 courts 1970–1990 0 in the last five years

The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
United States v. United Shoe MacHinery Corporationgreen
mad · 1950 · cited in 5 Delaware opinions naming this issue, 1970–1990
2 sentences

1990Ill Defendants assert that the general rule as to when the lawyer-client privilege applies is as set forth in United States v. United Shoe Machinery Corp., 89 F.Supp. 357, 358-59 (D.Mass.1950): “The privilege applies only if (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made *104 (a) is a member of the bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence o

1986This concept was embodied in the following oft-quoted formulation by Judge Wyzanski in United States v. United Shoe Machinery Corporation, D.Mass., 89 F.Supp. 357 (1950): “The privilege applies only if (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purp

25
Texaco, Inc. v. Phoenix Steel Corporationgreen
delch · 1970 · cited in 1 Delaware opinions naming this issue, 1990–1990
1 sentence

1990See, e.g., In re Kennedy, Del.Supr., 442 A.2d 79, 91 (1982); Texaco, Inc. v. Phoenix Steel Corp., Del.Ch., 264 A.2d 523, 524 (1970); Tabas v. Bowden, Del.Ch., C.A.

11
In Re Kennedygreen
del · 1982 · cited in 1 Delaware opinions naming this issue, 1990–1990
1 sentence

1990See, e.g., In re Kennedy, Del.Supr., 442 A.2d 79, 91 (1982); Texaco, Inc. v. Phoenix Steel Corp., Del.Ch., 264 A.2d 523, 524 (1970); Tabas v. Bowden, Del.Ch., C.A.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Where else courts name it

PA 44 (1981–2026) RI 9 (1984–2017) DE 5 (1970–1990) DC 2 (1995–2003) FL 2 (1980–1999)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check