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12 canonical passages across 10 cases, quoted by 77 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 United States v. Paul A. Bilzerian.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | United States v. Paul A. Bilzerian Anchor | green | “the attorney-client privilege cannot at once be used as a shield and a sword.” | 21 |
| 2 | Pritchard v. County of Erie | green | “a party must rely on privileged advice from his counsel to make his claim or defense.” | 11 |
| 3 | United States v. Paul A. Bilzerian | green | “the privilege may implicitly be waived when defendant asserts a claim that in fairness requires examination of protected communications.” | 8 |
| 4 | In Re: Grand Jury Proceedings United States of America v. John Doe | green | “whether fairness requires disclosure has been decided by the courts on a case-by-case basis, and depends primarily on the specific context in which the privilege is asserted.” | 8 |
| 5 | Pritchard v. County of Erie | green | “the assertion of a good-faith defense involves an inquiry into state of mind, which typically calls forth the possibility of implied waiver of the attorney-client privilege.” | 6 |
| 6 | Fed. Sec. L. Rep. P 97,004, 36 Fed. R. Evid. Serv. 761 Chevron Corporation v. Pennzoil Company | green | “where a party raises a claim which in fairness requires disclosure of the protected communication, the privilege may be implicitly waived.” | 4 |
| 7 | In Re: GRAND JURY INVESTIGATION United States of America, Movant-Appellee, v. John Doe, Interested-Party-Appellant | green | “the idea that a robust attorney-client privilege will in fact 'promote broader public interests' does not mean that application of the privilege will render justice in every single case.” | 4 |
| 8 | Napoliello v. Commissioner | green | “the purpose of all son-of-boss tax shelters is to create 'artificial tax losses designed to offset income from other transactions.” | 3 |
| 9 | In Re Columbia/Hca Healthcare Corporation Billing Practices Litigation | green | “applies only where necessary to achieve its purpose and protects only those communications necessary to obtain legal advice.” | 3 |
| 10 | 6611, Ltd., Ricardo Garcia, Tax Matters Partner v. Commissioner | green | “the purpose of all son-of-boss tax shelters is to create 'artificial tax losses designed to offset income from other transactions.” | 3 |
| 11 | United States v. Exxon Corp. | green | “most courts considering the matter have concluded that a party waives the protection of the attorney-client privilege when he voluntarily injects into the suit the question of his state of mind.” | 3 |
| 12 | International Longshoremen's Assn., AFL-CIO, Local Union No. 1937 v. Lower Lake Dock Co. | green | “a defendant may not use the privilege to prejudice his opponent's case . . . the privilege may implicitly be waived when the defendant asserts a claim that in fairness requires examination of protected communication.” | 3 |
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.