Discovery Pending Motion for Summary Judgment Addressed Together with At-Issue Exception to Attorney/Client Privilege

Posted on February 4, 2008 by Francis Pileggi

In Amirsaleh v. Bd. of Trade of the City of New York, Inc., 2007 WL  241616  (Del. Ch., Jan. 17, 2008), read opinion here, the Chancery Court addressed the imbroglio-creating concept of the "at-issue" exception to the attorney/client privilege. In abbreviated essence, this concept prevents a litigant from claiming, for example, that something his attorney told him is relevant to the issue pursued in the case, but then refuse to disclose data related to that claim on the basis of the attorney/client privilege.

 The court also addressed the scope of discovery that is allowable in connection with a pending Motion for Summary Judgment.

 The court begins the letter decision with a thoughtful observation about how discovery disputes, like this one, often arise when "parties stop talking to one another…"

  • http://www.delawarelitigation.com/2008/09/articles/chancery-court-updates/chancery-denies-summary-judgment-on-claim-of-breach-of-good-faith-and-fair-dealing-due-to-factual-issue-regarding-missed-deadl Delaware Corporate and Commercial Litigation Blog

    Chancery Denies Summary Judgment on Claim of Breach of Good Faith and Fair Dealing Due To Factual Issue Regarding Missed Deadline

    In Amirsaleh v. Board of Trade of New York City, Inc., 2008 WL 4182998 (Del. Ch., Sept. 11, 2008), the Chancery Court explored the contours and the content of the implied duty of good faith and fair dealing that is…

  • http://community.martindale.com/blogs/delawarelitigation/archive/2009/11/15/chancery-court-denies-summary-judgment-based-on-disputed-issue-of-material-fact-finds-no-meaningful-difference-between-quot- Delaware Corporate and Commercial Litigation Blog

    Chancery Court Denies Summary Judgment Based on Disputed Issue of Material Fact; Finds No Meaningful Difference Between “Lack of Good Faith” and “Bad Faith” for Claim of Breach of Implied Covenant of Good Faith and Fair Dealing

    Amirsaleh v. Board of Trade of the City of New York, Inc ., C.A. No. 2822-CC (Del. Ch. Nov. 9, 2009)

  • http://community.martindale.com/blogs/delawarelitigation/archive/2009/11/15/chancery-court-denies-summary-judgment-based-on-disputed-issue-of-material-fact-finds-no-meaningful-difference-between-quot- Delaware Corporate and Commercial Litigation Blog

    Chancery Court Denies Summary Judgment Based on Disputed Issue of Material Fact; Finds No Meaningful Difference Between “Lack of Good Faith” and “Bad Faith” for Claim of Breach of Implied Covenant of Good Faith and Fair Dealing

    Amirsaleh v. Board of Trade of the City of New York, Inc ., C.A. No. 2822-CC (Del. Ch. Nov. 9, 2009)

  • http://community.martindale.com/Litigation_Discovery_and_Disputes/b/delawarelitigation/archive/2009/11/15/chancery-court-denies-summary-judgment-based-on-disputed-issue-of-material-fact-finds-no-meani Delaware Corporate and Commercial Litigation Blog

    Chancery Court Denies Summary Judgment Based on Disputed Issue of Material Fact; Finds No Meaningful Difference Between “Lack of Good Faith” and “Bad Faith” for Claim of Breach of Implied Covenant of Good Faith and Fair Dealing

    Amirsaleh v. Board of Trade of the City of New York, Inc ., C.A. No. 2822-CC (Del. Ch. Nov. 9, 2009)