Legal Opinion
United States v. Stewart
District Court, S.D. New York
Decided December 8, 2003No. 03 CR.717 MGCPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
CEDARBAUM, District Judge.
In a previous opinion, I held that an email that defendant Martha Stewart sent to her lawyer and then forwarded to her daughter was protected work product and unavailable for the Government’s use at trial. See United States v. Stewart, 287 F.Supp.2d 461 (S.D.N.Y.2003). Stewart now seeks an order disqualifying the Assistant United States Attorney (“AUSA”) who inadvertently read the e-mail from cross-examining Stewart or participating in preparation for such cross-examination, should Stewart choose to testify. For the reasons that follow, defendant’s…
2Cases cited11 opinions
- Hickman v. TaylorSupreme Court of the United States · 1947
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- In Re Claus Von Bulow, Martha Von Bulow, by Her Next Friends Alexander Auersperg, and Annie Laurie Auersperg-Kneissl v. Claus Von BulowCourt of Appeals for the Second Circuit · 1987
- In Re: Grand Jury Proceedings United States of America v. John DoeCourt of Appeals for the Second Circuit · 2000
- Emle Industries, Inc. v. Patentex, Inc.Court of Appeals for the Second Circuit · 1973
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3Cited by1 opinion
- Baldeo v. United StatesDistrict Court, S.D. New York · 2024