Garner v. First American Life Insurance

holding that attorney-client privilege may be asserted by corporation against those for whom it acts as fiduciary, subject to right of such beneficiaries to show cause why it should not be invoked in the particular instance | finding that the privilege may be overcome by a showing of good cause in shareholder derivative suits | reversing district court’s decision to grant new trial for supposed errors in jury instructions | "[A] predicate to appellee's right to represent a class is his eligibility to sue in his own right." | “In federal question cases ... federal substantive rights may be compromised if a stringent state rule of evidence is applied.” | securities action attempting to combine stockholder derivative class actions under Rule 23.1, Fed.R. Civ.P., with primary class action under Rule 23, Fed.R.Civ.P. | “[A] predicate to appel-lee’s right to represent a class is his eligibility to sue in his own right.” | “[a] plaintiff, including one who is seeking to act as class representative, must have individual standing to assert the claims in the complaint against each defendant being sued by him” | “In many situations in which the same attorney acts for two or more parties having a common interest, neither party may exercise the privilege in a subsequent controversy with the other.” | denial of privilege properly certified under 28 U.S.C. Sec. 1292(b) | class certification reversed in 28 U.S.C. § 1292(b) appeal | class certification reversed in 28 U.S.C. § 1292(b) appeal | denial of privilege properly certified under 28 U.S.C. § 1292(b)