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Simple English definitions for legal terms
Garner doctrine
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A quick definition of Garner doctrine:
The Garner doctrine is a rule that allows shareholders who sue a corporation on behalf of the corporation to access confidential communications between a corporate officer and the corporation's attorney. This rule does not apply to attorney work product, and the person requesting access must have a good reason for doing so. A derivative action is a lawsuit brought by a beneficiary of a fiduciary to enforce a right belonging to the fiduciary, such as a shareholder suing a corporation on behalf of the corporation. It can also refer to a lawsuit arising from an injury to another person, such as a husband suing for loss of consortium due to an injury to his wife caused by a third party.
A more thorough explanation:
The Garner doctrine is a rule that allows shareholders who bring a lawsuit on behalf of a corporation (known as a derivative action) to access confidential communications between a corporate officer and the corporation's attorney. This rule does not apply to attorney work product, and the shareholder must show good cause.
If a shareholder believes that a corporate officer has breached their fiduciary duty to the corporation, they may bring a derivative action on behalf of the corporation. In this case, the shareholder may use the Garner doctrine to access confidential communications between the officer and the corporation's attorney to help prove their case.
Another example of a derivative action is if a husband brings a lawsuit for loss of consortium (companionship and support) due to an injury his wife suffered from a third party. This is considered a derivative action because the husband is seeking to enforce a right belonging to his wife.
Overall, the Garner doctrine is an important tool for shareholders to hold corporate officers accountable for their actions and protect the interests of the corporation.