In re Sealed Case’s Empirical Analysis
141 F.3d 337 · 1998
Citation profile
35 federal appellate · 12 district · 4 state decisions
How this case has been cited
Cited by 68 later decisions — most recently March 2019 · most notably In re Volkswagen of America, Inc. (2008), In re Sealed Case (1998)
35 federal appellate · 12 district · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1404 · 28 U.S.C. § 1407 · 28 U.S.C. § 1651
Relies on Piper Aircraft Co. v. Reyno · Allied Chemical Corporation v. Daiflon Inc · Roche v. Evaporated Milk Ass'n · Church of Scientology of California v. United States · Gulfstream Aerospace Corp. v. Mayacamas Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“reflected concern that where the subject of the discovery order (characteristically the custodian of documents) and the holder of a privilege are different, the custodian might yield up the documents rather than face the hazards of contempt, and would thereby destroy the privilege.”
2 later decisions quote this exact passage · from the majority“assert[s][his] own interests in work product and in not being subject to what [he] claims is burdensome and abusive discovery, plus the privilege of [his] client (which [he] is normally duty-bound to assert) ... has the requisite incentives (as well as the clear ability) to risk contempt and thereby force review into the usual channel.”
1 later decision quote this exact passage · from the majority“This circuit has frequently exercised its mandamus jurisdiction to vacate transfer orders, especially where the transfer was beyond the district court's power . . . .”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.