In Re: Grand Jury Proceedings 5 Empanelled January 28, 2004 United States of America v. Under Seal, and Under Seal, Intervenors-Appellants

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the work product “privilege encompasses both ‘fact’ work product and ‘opinion’ work product”
• remanding to district court for in camera review concerning privileged communications and applicability of crime-fraud exception
• remanding to district court for in camera review concerning privileged communications and applicability of crime-fraud exception
• requiring evidence “that, if believed by a trier of fact, would establish the elements of some violation that was ongoing or about to be committed” and noting that “proof either by a preponderance or beyond a reasonable doubt of the crime or fraud is not required”
• requiring evidence “that, if believed by a trier of fact, would establish the elements of some violation that was ongoing or about to be committed” and noting that “proof either by a preponderance or beyond a reasonable doubt of the crime or fraud is not required”
• “In satisfying this prima facie standard, proof either by a preponderance or beyond a reasonable doubt of the crime or fraud is not required.”

Source: CourtListener parenthetical corpus (CC0).