29 Cited authorities

  1. Bourjaily v. United States

    483 U.S. 171 (1987)   Cited 2,733 times   8 Legal Analyses
    Holding that trial judge may consider any evidence whatsoever, including the proffered hearsay statements, in determining whether statements are admissible under the co-conspirator exception to the hearsay rule
  2. United States v. Zolin

    491 U.S. 554 (1989)   Cited 1,113 times   12 Legal Analyses
    Holding that in camera review may be used to probe crime-fraud challenges to attorney-client privilege
  3. U.S. v. Ruehle

    583 F.3d 600 (9th Cir. 2009)   Cited 274 times   5 Legal Analyses
    Holding that the party asserting an attorney-client privilege has the burden of proving "each essential element" of that privilege
  4. IN RE CITRIC ACID LITIGATION

    191 F.3d 1090 (9th Cir. 1999)   Cited 328 times   1 Legal Analyses
    Holding evidence of trade association membership without factual allegations that members used associations for illegal ends did not "tend to exclude the possibility of legitimate behavior"
  5. In re Grand Jury Investigation

    974 F.2d 1068 (9th Cir. 1992)   Cited 350 times   3 Legal Analyses
    Holding "we have previously recognized a number of means of sufficiently establishing the privilege, one of which is the privilege log approach"
  6. U.S. v. A. Lanoy Alston, D.M.D., P.C

    974 F.2d 1206 (9th Cir. 1992)   Cited 245 times   1 Legal Analyses
    Affirming grant of new trial on this reasoning
  7. In re Santa Fe Int'l Corp.

    272 F.3d 705 (5th Cir. 2001)   Cited 170 times   2 Legal Analyses
    Holding that the "party asserting a privilege exemption from discovery bears the burden of demonstrating its applicability"
  8. In re Napster

    479 F.3d 1078 (9th Cir. 2007)   Cited 118 times   2 Legal Analyses
    Holding that a party has the right to present countervailing evidence in civil cases
  9. Duplan Corp. v. Deering Milliken, Inc.

    397 F. Supp. 1146 (D.S.C. 1975)   Cited 286 times   2 Legal Analyses
    Holding that if a communication is not privileged its disclosure cannot constitute a waiver as to privileged materials dealing with the same subject matter
  10. In re Sulfuric Acid Antitrust Litigation

    235 F.R.D. 407 (N.D. Ill. 2006)   Cited 56 times
    Finding non-attorney communications privileged that because they disclosed the content of a confidential attorney-client communication.
  11. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,118 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party
  12. Rule 104 - Preliminary Questions

    Fed. R. Evid. 104   Cited 3,303 times   12 Legal Analyses
    Requiring proof of facts necessary to establish relevance