Topic: waiver includes conduct which would make it unfair for the … · Go Syfert
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Topic #17099

5 canonical passages across 4 cases, quoted by 23 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Tsai-Son Nguyen v. Excel Corp..

#Case FlagCanonical passage Citers
1 Tsai-Son Nguyen v. Excel Corp. Anchor
ca5 · 1999
green “waiver includes conduct which would make it unfair for the client to insist on the privilege thereafter.” 5
2 Richard L. Conkling, Cross-Appellee. v. Bert S. Turner, Nichols Construction Corp., David R. Carpenter, Cross-Appellants
ca5 · 1989
green “was intended as a shield, not a sword.” 5
3 Conoco Inc. v. Boh Bros. Construction Co.
lawd · 1998
green “draw upon a privileged communication in order to prevail.” 5
4 Richard L. Conkling, Cross-Appellee. v. Bert S. Turner, Nichols Construction Corp., David R. Carpenter, Cross-Appellants
ca5 · 1989
green “fairness demands treating the defense or claim as a waiver of the privilege.” 4
5 Stoffels v. SBC Communications, Inc.
txwd · 2009
green “extends only to client communications, while the work product protection encompasses much that has its source outside client communications.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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