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Hugler v. Bat Masonry Company, Inc. et al

Brief / Memorandum in Support re MOTION to Compel Production of Non-Privileged Documents .

19 Cited authorities

  1. Upjohn Co. v. United States

    449 U.S. 383 (1981)   Cited 4,205 times   128 Legal Analyses
    Holding that communications between corporate counsel and a corporation's employees made for the purpose of rendering legal advice are protected by the attorney-client privilege

  2. In re Sealed Case

    116 F.3d 550 (D.C. Cir. 1997)   Cited 425 times   2 Legal Analyses
    Holding the privilege applied where "the documents in question were generated in the course of advising the President in the exercise of his appointment and removal power, a quintessential and nondelegable Presidential power"

  3. In re City of New York

    607 F.3d 923 (2d Cir. 2010)   Cited 260 times
    Holding that the law enforcement privilege prevented disclosure of NYPD Field Reports containing "detailed information about the undercover operations of the NYPD" which, if revealed, would "hinder the NYPD's ability to conduct future undercover investigations"

  4. Nat'l Union Fire Ins. v. Murray Sheet Metal

    967 F.2d 980 (4th Cir. 1992)   Cited 388 times   3 Legal Analyses
    Holding that anticipation of litigation means that the document must have been "prepared because of the prospect of litigation," and not in the "ordinary course of business."

  5. In re Grand Jury Proceedings

    33 F.3d 342 (4th Cir. 1994)   Cited 182 times   1 Legal Analyses
    Holding that " in camera proceedings in the context of grand jury proceedings and ongoing investigations requiring secrecy are not violative of due process" despite lack of opportunity to rebut government's proffer

  6. Hawkins v. Stables

    148 F.3d 379 (4th Cir. 1998)   Cited 149 times
    Holding that the privilege only applies when the communication between counsel and client is for the purpose of securing either an opinion on law, legal services, or assistance in some legal proceeding

  7. Ethyl Corp. v. U.S.E.P.A

    25 F.3d 1241 (4th Cir. 1994)   Cited 156 times
    Holding that because the agency did not identify the authors or recipients, the court could not identify those “persons' relationships to the decisionmaking process”

  8. In re Dept. of Investigation of City of N.Y

    856 F.2d 481 (2d Cir. 1988)   Cited 173 times
    Finding law enforcement privilege applied to Mayor's letter appointing special counsel for investigation

  9. In re Sealed Case

    856 F.2d 268 (D.C. Cir. 1988)   Cited 163 times
    Holding that "[a]lthough a district court has considerable leeway in weighing the different factors, the failure to balance at all requires remand"

  10. In re Grand Jury Proceedings § 5 Empanelled

    401 F.3d 247 (4th Cir. 2005)   Cited 101 times   1 Legal Analyses
    Holding that "while the attorney-client privilege may be vitiated without showing that the attorney knew of the fraud or crime, those seeking to overcome the opinion work product privilege must make a prima facie showing that the attorney in question was aware of or a knowing participant in the criminal conduct"

  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,578 times   650 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  12. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 45,747 times   319 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  13. Section 1113 - Limitation of actions

    29 U.S.C. § 1113   Cited 1,041 times   43 Legal Analyses
    Recognizing a six year limitations period in instances of fraud or concealment