How cited: Sec v. Wheeling-Pittsburgh Steel Corporation · Go Syfert

Sec v. Wheeling-Pittsburgh Steel Corporation (1981)

green · 111 citation events across 22 courts. Showing the 25 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 1981 → 2026 · click a year to view the case as of then
198120032026
Rule Authority · 4th Cir. · 4 citations in this opinion
Id. at 130 (citation omitted).
citation omitted
Rule Authority · 4th Cir. · 4 citations in this opinion
Id. at 130 (citation omitted).
citation omitted
Rule Authority · 5th Cir. · 4 citations in this opinion
Indeed, as the Third Circuit has remarked, "[t]he reality of prosecutorial experience, that most investigations originate on the basis of tips, suggestions, or importunings of third parties, including commercial competitors, need hardly be noted." Wheeling-Pittsburgh, supra, 648 F.2d at 130.
Rule Authority · 3rd Cir. · 3 citations in this opinion
First, the agency must demonstrate, through affidavits of its agents, that its subpoena meets the threshold requirements for enforcement, SEC v. Wheeling-Pittsburgh Steel Corp., 648 F.2d 118, 128 (3d Cir. 1981) (en banc): “(1) the inquiry must be within the authority of the agency, (2) the demand for production must not be too indefinite, and (3) the information sought must be reasonably relevant to the authorized inquiry.” United States v. Westinghouse Elec.
en banc
Rule Authority · 8th Cir. · 2 citations in this opinion
Id. at 127-130.
Rule Authority · 3rd Cir.
“If the government makes this preliminary showing, the burden then shifts to the respondent to prove that enforcement of the subpoena would be improper....” Wheeling-Pittsburgh, 648 F.2d at 128.
Rule Authority · 3rd Cir.
“If the government makes this preliminary showing, the burden then shifts to the respondent to prove that enforcement of the subpoena would 7 be improper . . ..” Wheeling-Pittsburgh, 648 F.2d at 128.
Rule Authority · 3rd Cir.
"The ultimate inquiry ... is whether the enforcement of the administrative subpoena would constitute an abuse of the court's process." Wheeling — Pittsburgh, 648 F.2d at 125.
Rule Authority · 3rd Cir.
“The ultimate inquiry ... is whether the enforcement of the administrative subpoena would constitute an abuse of the court’s process.” Wheeling-Pittsburgh, 648 F.2d at 125.
Rule Authority · 3rd Cir.
“The ultimate inquiry . . . is whether the enforcement of the administrative subpoena would constitute an abuse of the court’s process.” Wheeling-Pittsburgh, 648 F.2d at 125.
Rule Authority · D. Del. · 6 citations in this opinion
The court disagreed “with the ... premise that the Supreme Court has foreclosed incremental development of the law by the courts when faced with allegations of egregious abuse.” Wheeling-Pittsburgh, 648 F.2d at 123.
Rule Authority · D.D.C. · 2 citations in this opinion
More, the burden is on Respondent to make the requisite showing before dis- covery will be ordered, see, e.g., Standing Akimbo, 955 F.3d at 1155 (10th Cir. 2020); Markwood, 48 F.3d at 983 ; Thriftyman, 704 F.2d at 1249 ; Will, 671 F.2d at 968 ; Wheeling-Pittsburgh Steel Corp., 648 F.2d at 128; Stuckley, 646 F.2d at 1374 ; Moon, 616 F.2d at 1047 (8th Cir. 1980); Mor- gan Guar.
Rule Authority · Del. Ch. · 2 citations in this opinion
“If the [agency] makes this preliminary showing, the burden then shifts to the respondent to prove that enforcement of the subpoena would be improper under the test enunciated in Powell.” Wheeling-Pittsburgh, 648 F.2d at 128.
Rule Authority · M.D. Penn.
This court believes that the standard for granting discovery in this case is that set forth by the court in Interstate Dress Carriers, 610 F.2d at 112, and Wheeling-Pittsburgh Steel, 648 F.2d at 127-28.
Rule Authority · W.D. Okla.
SEC v. Wheeling-Pittsburgh Steel Corp., 648 F.2d at 125.
Rule Authority · W.D. Okla.
SEC v. Wheeling-Pittsburgh Steel Corp., 648 F.2d at 125.
Rule Authority · S.D. Tex.
S.E.C. v. Wheeling-Pittsburgh Steel Corp., supra, 648 F.2d at 125, n. 9.
Cited · 11th Cir. · signal: see
See SEC v. Wheeling-Pittsburgh Steel Corp., 648 F.2d 118 , 128 (3d Cir. 1981); Jerry T.
Cited · 11th Cir. · signal: see
See SEC v. Wheeling-Pittsburgh Steel Corp., 648 F.2d 118 , 128 (3d Cir. 1981); Jerry T.
green Guy Gentile v. SEC (2020)
Cited · 3rd Cir. · signal: see
Disabled for Attendant Programs Today v. U.S. Dep’t of Housing & Urban Dev., 170 F.3d 381 , 384 (3d Cir. 1999) (opining, in a failure to investigate case, that Chaney “established a presumption against judicial review of agency decisions that involve whether to undertake investigative or enforcement actions” (emphasis in original)); see also Webster v. Doe, 486 U.S. 592, 608 (1988) (Scalia, J., dissenting) (“A United States Attorney’s decision to prosecute, for example, will…
collecting cases
Cited (see also) · 10th Cir. · signal: see also
See also Securities and Exchange Commission v. Wheeling-Pittsburgh Steel Corp., 648 F.2d 118, 123 (3d Cir.1981). 14 The district court ruled that the cases cited by the IRS do not establish that the courts have lost their power to protect parties from burdens imposed by the agencies.
Cited (see also) · 10th Cir. · signal: see also
See also Securities and Exchange Commission v. Wheeling-Pittsburgh Steel Corp., 648 F.2d 118, 123 (3d Cir.1981).
Cited (see also) · Del. · signal: see also
The burden is a heavy one.”); SEC v. Knopfler, 658 F.2d 25 , 26 (2d Cir. 1981) (“When the Commission has met the normal statutory prerequisites for enforcement, the opponent of a subpoena has a heavy burden if he seeks denial of enforcement on the ground that the subpoena is sought for an invalid purpose.”); N.L.R.B. v. Interstate Dress Carriers, Inc., 610 F.2d 99 , 112 (3d Cir. 1979) (“[T]he burden on the party to whom the subpoena is addressed is not a meager one.”). 57 Un…
internal quotation marks omitted
Cited (see also) · N.J. Super. Ct. App. Div. · signal: see also
Once the SEC has met the normal statutory prerequisites for enforcement, the opponents of the subpoena have a heavy burden if they seek "denial of enforcement on the ground that the subpoena is sought for an invalid purpose." Securities and Exchange Commission v. Knopfler, 658 F. 2d 25, 26 (2nd Cir.1981), cert. denied, 455 U.S. 908 , 102 S.Ct. 1255 , 71 L.Ed. 2d 446 (1982); See also Securities and Exchange Commission v. Wheeling-Pittsburgh Steel Corp., 648 F. 2d 118, 128 (3r…