Legal Opinion

Westinghouse Electric Corp. v. Republic of the Philippines

Court of Appeals for the Third Circuit

Decided December 19, 1991No. 90-5920PublishedCited by 32 opinions

1Opinion of the Court

OPINION OF THE COURT

BECKER, Circuit Judge.

This petition for a writ of mandamus requires us to resolve an important issue that has divided the circuits: whether a party that discloses information protected by the attorney-client privilege and the work-product doctrine1 in order to cooperate with a government agency that is investigating it waives the privilege and the doctrine only as against the government, or waives them completely, thereby exposing the documents to civil discovery in litigation between the discloser and a third party. The issue arises in an action brought by the Republic of…

2Cases cited37 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  3. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  4. Fisher v. United StatesSupreme Court of the United States · 1976
  5. United States v. NoblesSupreme Court of the United States · 1975

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3Cited by32 opinions

  1. In Re Columbia/Hca Healthcare Corporation Billing Practices LitigationCourt of Appeals for the Sixth Circuit · 2002
  2. Cooper Hospital/University Medical Center v. SullivanDistrict Court, D. New Jersey · 1998
  3. Dellwood Farms, Inc. v. Cargill, Inc.Court of Appeals for the Seventh Circuit · 1997
  4. Diamond State Insurance v. Rebel Oil Co.District Court, D. Nevada · 1994
  5. Travellers International Ag. v. Sue L. Robinson, United States District Judge Trans World Airlines, Inc. Official Unsecured Creditors' CommitteeCourt of Appeals for the Third Circuit · 1992

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