Rockwell International Corp. v. U.S. Department of Justice

How courts have described this case

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

• noting that a party waives the work product privilege by making “testimonial use” of the documents
• noting that privilege may be waived where a party “attempts to make a testimonial use of th[e privileged] materials”
• denying Exemption 5 waiver in part because “quoting portions of some attachments” was not “inconsistent with a desire to keep the rest secret”
• discussing cases in which disclosure of work product material was “necessary to protect the adversary system”
• reaffirming the protection extended in Murphy in the context of finding that DOJ did not waive privilege when it “gave . . . documents to [a] Subcommittee only after the Subcommittee expressly agreed not to make them public”
• “Nor do we see how quoting portions of some attachments is inconsistent with a desire to keep the rest secret[.]”

Source: CourtListener parenthetical corpus (CC0).