green
Positive treatment
Quoted verbatim 1×
3.1 score
“the communications between defendant and were not privileged, since third persons were present at the time the communications were made.”
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972
1999
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited "but see"
Director General of India Supply Mission ex rel. President of Union of India v. Maru
Although the Pennsylvania rule is not now limited to collision cases, In re Seaboard Shipping Corp., 449 F.2d 132 , 136 (2d Cir. 1971), cert. denied Seaboard Shipping Corp. v. Moran Inland Waterways Corp., 406 U.S. 949 , 92 S.Ct. 2038 , 32 L.Ed.2d 337 ; 406 U.S. 949 , 92 S.Ct. 2039 , 32 L.Ed.2d 337 (1972); but see Wilkins v. American Export Isbrandtsen Lines, Inc., 446 F.2d 480, 485-486 (2d Cir. 1971), cert. denied, 404 U.S. 1018 , 92 S.Ct. 679 , 30 L.Ed.2d 665 (1972), we are not inclined to apply it here.
discussed
Cited "but see"
Director General Of The India Supply Mission v. S.S. Maru
While this finding is supportable, we cannot agree that the Pennsylvania rule is applicable. 19 Although the Pennsylvania rule is not now limited to collision cases, In re Seaboard Shipping Corp., 449 F.2d 132 , 136 (2d Cir. 1971), cert. denied Seaboard Shipping Corp. v. Moran Inland Waterways Corp., 406 U.S. 949 , 92 S.Ct. 2038 , 32 L.Ed.2d 337 ; 406 U.S. 949 , 92 S.Ct. 2039 , 32 L.Ed.2d 337 (1972); but see Wilkins v. American Export Isbrandtsen Lines, Inc., 446 F.2d 480, 485-486 (2d Cir. 1971), cert. denied, 404 U.S. 1018 , 92 S.Ct. 679 , 30 L.Ed.2d 665 (1972), we are not inclined to apply i…
discussed
Cited as authority (quoted)
United States v. Zolp
the communications between defendant and were not privileged, since third persons were present at the time the communications were made.
cited
Cited "see"
Blackwell v. Metropolitan Life Insurance
See Keller v. Dravo Corporation, 441 F.2d 1239, 1245 (5th Cir.1971), cert. denied, 404 U.S. 1017 , 92 S.Ct. 679 , 30 L.Ed.2d 665 (1972).
cited
Cited "see"
Ricardo N., Inc. v. Turcios De Argueta
See Wilkins v. American Export Isbrandtsen Lines, 446 F.2d 480, 484 (2d Cir.1971), cert. denied, 404 U.S. 1018 , 92 S.Ct. 679 , 30 L.Ed.2d 665 (1972).
discussed
Cited "see"
Boucher v. McGovern
See Keller v. Dravo Corp., 441 F.2d 1239, 1241-42 (5th Cir.1971), cert. denied, 404 U.S. 1017 , 92 S.Ct. 679 , 30 L.Ed.2d 665 (1972). *1379 Additionally, although the right of access to the courts is an aspect of the right to petition the government, California Motor Transport Co. v. Trucking Unlimited, 404 U.S. 508, 510, 513 , 92 S.Ct. 609, 612, 613 , 30 L.Ed.2d 642, 646, 648 (1972), such right does not entail absolute authorization to assert any possible type of claim.
discussed
Cited "see"
Brookings v. State
See United States v. Blackburn, 446 F.2d 1089 (5th Cir.1971) (waiver of the privilege when alleged privileged communication between former attorney and client was made in the presence of trial counsel and government attorneys), cert. denied, 404 U.S. 1017 , 92 S.Ct. 679 , 30 L.Ed.2d 665 (1972).
discussed
Cited "see, e.g."
DiGiovanni v. Traylor Bros., Inc.
See, e.g., Kathriner, 975 F.2d at 662-63 ; Ducrepont, 877 F.2d at 396 ; Davis v. Cargill, Inc., 808 F.2d 361, 362 (5th Cir.1986); see also Keller v. Dravo Corp., 441 F.2d 1239, 1244 (5th Cir.1971) (dry dock used for ship repair is not a vessel when moored), cert. denied, 404 U.S. 1017 , 92 S.Ct. 679 , 30 L.Ed.2d 665 (1972); Chahoc v. Hunt Shipyard, 431 F.2d 576 , 577 (5th Cir.1970) (floating dry dock is not a vessel when moored and operated as a dry dock), cert. denied, 401 U.S. 982 , 91 S.Ct. 1198 , 28 L.Ed.2d 333 (1971).
discussed
Cited "see, e.g."
Bender Shipbuilding & Repair Company, Inc. v. C.N. Lloyd Brasileiro, the Hartford Insurance Company of Alabama, in Personam
See, e.g., Keller v. Dravo Corp., 441 F.2d 1239, 1244 (5th Cir.1971), cert. denied, 404 U.S. 1017 , 92 S.Ct. 679 , 30 L.Ed.2d 665 (1972) (although court did not preclude finding that floating drydock could be vessel under different facts, court here found as a matter of law that floating drydock was not a “vessel"); Bernardo v. Bethlehem Steel Co., 314 F.2d 604, 608 (2d Cir.1963) (jury properly decided that floating drydock was not “vessel” within the meaning of Jones Act), Floating drydocks have been classified as “vessels” for admiralty purposes when they become active some way in …
discussed
Cited "see, e.g."
Garza v. State
For a good discussion of this general rule and its underlying policy considerations as applied by the federal courts, see U.S. v. Hockridge, 573 F.2d 752 (2nd Cir.1978), cert. denied, 439 U.S. 821 , 99 S.Ct. 85 , 58 L.Ed.2d 112 (1978); U.S. v. Grieco, 261 F.2d 414 (2nd Cir.1958), cert. denied, 359 U.S. 907 , 79 S.Ct. 582 , 3 L.Ed.2d 572 (1959); See also U.S. v. Blackburn, 446 F.2d 1089 (5th Cir.1971), cert. denied, 404 U.S. 1017 , 92 S.Ct. 679 , 30 L.Ed.2d 665 (1972).
discussed
Cited "see, e.g."
Edmund J. Flynn Co. v. LaVay
See, e. g., United States v. Blackburn, 446 F.2d 1089, 1091 (5th Cir.1971), cert. denied, 404 U.S. 1017 , 92 S.Ct. 679 , 30 L.Ed.2d 665 (1972) (“[W]hen the client and attorney themselves, for purposes beneficial to the client, lift the veil [of attorney-client privilege], they cannot lower it again”, quoting United States v. Shivley, 112 F.Supp. 734, 742 (S.D.Cal.1953)); International Paper Co. v. Fibreboard Corp., 63 F.R.D. 88, 92 (D.Del.1974) (It would be “manifestly unfair” to allow one party to make factual assertions and then deny the other party “the foundation for those assert…
Retrieving the full opinion text from the archive…
City of Detroit
v.
Socomet, Inc.
v.
Socomet, Inc.
No. 71-532.
Supreme Court of the United States.
Jan 10, 1972.
Ct. App. Mich. Certiorari denied.
Mr. Justice Douglas is of the opinion that certiorari should be granted.