Greater Newburyport Clamshell Alliance v. Public Service Co.’s Empirical Analysis
838 F.2d 13 · 1988
Citation profile
17 federal appellate · 16 district · 15 state decisions
How this case has been cited
Cited by 62 later decisions — most recently December 2019 · most notably Frontier Refining Inc Plc v. Gorman-Rupp Company Inc M (1998), United States v. DeCologero (2008)
17 federal appellate · 16 district · 15 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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Glasser v. United States · Weatherford v. Bursey · Louisville & Nashville Railroad v. United States · In re Sealed Case · Hearn v. Rhay
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] court should begin its analysis with a presumption in favor of preserving the privilege. In a civil damage action, however, fairness requires that the privilege holder surrender the privilege to the extent that it will weaken, in a meaningful way, the defendant’s ability to defend. That is, the privilege ends at the point where the defendant can show that the plaintiffs civil claim, and the probable defenses thereto, are enmeshed in important evidence that will be unavailable to the defendant if the privilege prevails. The burden on the defendant is proportional to the importance of the privilege. The court should develop the parameters of its discovery order by carefully weighing the interests involved, balancing the importance of the privilege asserted against the defending party’s need for the information to construct its most effective defense.”
3 later decisions quote this exact passage · from the majority“for which defendants have so far shown a true need and without which they may be unfairly prejudiced in their defense”
2 later decisions quote this exact passage · from the majority“[U]tmost candor between an attorney and client is essential to effective assistance of counsel.”
2 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.