Legal Opinion

Menasha Corp. v. United States Department of Justice

Court of Appeals for the Seventh Circuit

Decided February 20, 2013No. 12-1720PublishedCited by 9 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This appeal requires us to decide whether the attorney work product privilege protects from pretrial discovery work product exchanged between Justice Department lawyers who are assigned to provide legal assistance to federal agencies that have conflicting interests.

The core of attorney work product consists of “the mental impressions, conclusions, opinions, or legal theories of a party’s attorney or other representative concerning the litigation.” Fed.R.Civ.P. 26(b)(3)(A)(ii). The opposing party “shouldn’t be allowed to take a free ride on the other party’s research, or…

2Cases cited12 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
  3. United States v. Interstate Commerce CommissionSupreme Court of the United States · 1949
  4. United States v. Deloitte LLPCourt of Appeals for the D.C. Circuit · 2010
  5. United States v. Providence Journal Co.Supreme Court of the United States · 1988

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Miller UK Ltd. v. Caterpillar, Inc.District Court, N.D. Illinois · 2014
  2. Towne Place Condo. Ass'n v. Phila. Indem. Ins. Co.District Court, E.D. Illinois · 2018
  3. Patrick v. City of ChicagoDistrict Court, N.D. Illinois · 2015
  4. Lee v. Chicago Youth CentersDistrict Court, N.D. Illinois · 2014
  5. AMERICAN SENIOR COMMUNITIES, L.L.C. v. BURKHARTDistrict Court, S.D. Indiana · 2019

4 more not listed; retrieve them via the Exa API.

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