In re Subpoenas Duces Tecum’s Empirical Analysis
738 F.2d 1367 · 1984
Citation profile
18 federal appellate · 36 district · 10 state decisions
How this case has been cited
Cited by 106 later decisions — most recently August 2022 · most notably Westinghouse Electric Corp. v. Republic of the Philippines (1991), State Ex Rel. Stovall v. Meneley (2001)
18 federal appellate · 36 district · 10 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. § 291 · 5 U.S.C. § 552 (Freedom of Information Act)
Relies on Hickman v. Taylor · Upjohn Company v. United States · In re Sealed Case · United States v. American Telephone & Telegraph Co. · Diversified Industries, Inc. v. Meredith
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 106 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... [A] party may obtain discovery of documents and tangible things otherwise discoverable ... and prepared in anticipation of Litigation or for trial by or for another party ... only upon a showing that the party seeking discovery has substantial need of the materials ... In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.”
6 later decisions quote this exact passage · from the majority“a corporation has substantial incentives to cooperate with [agency] requests for assistance. Voluntary cooperation offers a corporation an opportunity to avoid extended formal investigation and enforcement litigation by the [agency], the possibility of leniency for prior misdeeds, and an opportunity to narrow the issues in any resulting litigation____ These incentives exist regardless of whether private third party litigants have access to attorney work product disclosed to the [agency], “When a corporation elects to participate in a voluntary disclosure ... it necessarily decides that the benefits of participation outweigh the benefits of confidentiality ... It forgoes some of the traditional protections of the adversary system in order to avoid some of the traditional burdens' that accompany adversary resolution of disputes, especially disputes with such formidable adversaries as [a government agency].””
3 later decisions quote this exact passage · from the majority“[t]he client cannot be permitted to pick and choose among his opponents, waiving the privilege for some and resurrecting the claim of confidentiality to obstruct others, or to invoke the privilege as to communications whose confidentiality he has already compromised for his own benefit.”
3 later decisions 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.