Mendoza v. McDonald's Corp
In Mendoza v. McDonald's Corp., 222 Ariz. 139, 154,51, 213 P.3d 288, 303 (App. 2009), an employer relied on the advice of counsel in scheduling independent medical examinations and determining whether to issue surgical authorization for an employee's worker's compensation claim. 222 Ariz. at 154,48-49, 213 P.3d at 303.
The employer expressly admitted that it had relied substantially on the advice of worker's compensation counsel in reaching its decisions. Id. at 154,48-50, 213 P.3d at 303.
In the face of decisions made based on the advice of counsel, such a claim that those decisions were made in subjective good faith necessarily depends upon the information the client had learned from its lawyers.
In that circumstance, Mendoza found the attorney-client privilege was impliedly waived under State Farm Mut. Auto. Ins. Co. v. Lee. Id. at 155,53, 213 P.3d at 304.