879 F. Supp. 2d 787 - John B. v. Goetz’s Empirical Analysis
2010
Citation profile
3 state decisions
Relationships
Applies 28 U.S.C. § 1331 · 28 U.S.C. § 1343 · 42 U.S.C. § 1396 (§ 1900 of the Social Security Act of 1935) · 42 U.S.C. § 1396D (§ 1905 of the Social Security Act of 1935) · 42 U.S.C. § 1396H (§ 1909 of the Social Security Act of 1935) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 5106 · 42 U.S.C. § 5106A
Relies on Hickman v. Taylor · United States v. Nixon · Upjohn Company v. United States · Fisher v. United States · Arizona v. California
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When a claim that materials have been “prepared in anticipation of litigation or for trial” is made, the court must go through the sequential steps set out in Fed.R.Civ.P. 26(b)(3) as follows: 1. The party requesting discovery must first show that, as defined in Rule 26(b)(1), the materials requested are “relevant to the subject matter involved in the pending litigation” and not privileged. Because the application of subdivision (b)(3) is limited to “documents and tangible things otherwise discoverable under subdivision (b)(1),” the burden of making this showing rests on the party requesting the information. In this case it is Torrey Pines. 2. If the party requesting discovery meets this burden and the court finds that the claimed material is relevant and not privileged, the burden shifts to the objecting party to show that the material was “prepared in anticipation of litigation or for trial” by or for that party or that party’s representative, including that party’s attorney, consultant, surety, indemnitor, insurer or agent. This showing can be made in any of the traditional ways in which proof is produced in pretrial proceedings such as affidavits made on personal knowledge, depositions, or answers to interrogatories. This showing can be opposed or controverted in the same manner. The determination of this matter is the second sequential determination that must be made by the court. 3. If the objecting party meets its burden as indicated above and the court finds that the ”
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.