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D.C. Circuit· 6/19/1998

In Re: Sealed Case

Citations

  • 146 F.3d 881
  • 330 U.S. App. D.C. 368
  • 49 Fed. R. Serv. 467
  • 40 Fed. R. Serv. 3d 1141
  • 1998 U.S. App. LEXIS 13010
  • 1998 WL 321060

How courts have described this case

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

  • recognizing privilege attached to documents that were created after public stir surrounding transaction but two years before formal investigation began
  • noting that the lawyer preparing the document “must at least have had a subjective belief that litigation was a real possibility”
  • stating that duties included “investigat[ing] the claim and allegations made by [Pacific Air’s] counsel”
  • finding that “[b]y ensuring that lawyers can prepare for litigation without fear that opponents may obtain their private notes, mem-oranda, correspondence, and other written materials, the privilege protects the adversary process.”
  • reviewing contempt order de novo where the district court allegedly \applied the wrong legal standard\
  • requiring the agency to demonstrate that the records were created with a “subjective belief that litigation was a real possibility,' and that belief must have been objectively reasonable”

Source: CourtListener parenthetical corpus (CC0).

Judges: Henderson, Rogers, Tatel

Read full opinion on CourtListener

Cited by

148 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

Other cases with this name

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