Carter v. Gibbs’s Empirical Analysis
909 F.2d 1450 · 1990
Citation profile
4 federal appellate · 6 district · 1 state decisions
How this case has been cited
Cited by 45 later decisions — most recently August 2020 · most notably Genentech, Inc. v. United States International Trade Commission (1997), Echostar Communications Corporation Dbs Pc (2006)
4 federal appellate · 6 district · 1 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
Relies on Hickman v. Taylor · United States v. Nobles · In re Sealed Case · United States v. American Telephone & Telegraph Co. · Transamerica Computer Co. v. International Business Machines 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is irrelevant whether the attachment was inadvertent, as the government alleges. A voluntary disclosure of attorney work product to an adversary in the litigation for which the attorney produced that information defeats the policy underlying the privilege; in these circumstances, the criteria for waiver of the work-product and attorney-client privileges are equivalent____ Granting the motion would do no more than seal the bag from which the cat has already escaped.”
2 later decisions quote this exact passage · from the majority“[The] purpose [of the work product privilege] is to prevent the disclosure of an attorney’s mental impressions and thought processes either to an opponent in the litigation for which the attorney generated and recorded those impressions, or to a third party with interests not ‘common’ to those of the party asserting the privilege. ... ... Voluntary disclosure of attorney work product to an adversary in the litigation for which the attorney produced that information defeats the policy underlying the privilege.... Granting the motion would do no more than seal the bag from tuhich the cat has already escaped.”
1 later decision quote this exact passage · from the majority“would do no more than seal the bag from which the cat has already escaped.”
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.