attorney work product privilege (Maryland) · Go Syfert
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attorney work product privilege in Maryland

10 Maryland opinions name it 3 courts 1984–2021 2 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
E.I. Du Pont De Nemours & Co. v. Forma-Pack, Inc.green
md · 1998 · cited in 3 Maryland opinions naming this issue, 2018–2021
2 sentences

2021The attorney work-product doctrine protects from disclosure documents “produced in anticipation of litigation or in rendition of legal services.” E.I. du Pont de Nemours & Co. v. Forma-Pack, Inc., 351 Md. 396, 401 (1998).

2021Attorney Work-Product Doctrine The attorney work-product doctrine protects from disclosure documents “produced in anticipation of litigation or in rendition of legal services.” E.I. du Pont de Nemours & Co. v. Forma-Pack, Inc., 351 Md. 396, 401 (1998). “[T]he touchstone of the work product doctrine [is] that the materials must have been created in preparation for trial.” Id. at 407 .

23
Cranford v. Montgomery Countygreen
md · 1984 · cited in 2 Maryland opinions naming this issue, 2001–2002
2 sentences

2002See Cranford v. Montgomery County, 300 Md. 759, 773 , 481 A.2d 221, 228 (1984).

2001The Cranford Court stated: “Cases decided under FOIA (b)(5) indicate that the agency memoranda exemption embraces various privileges____ By analogy to FOIA, [MPIA § 618(b)] also includes the attorney work product privilege.” Id. at 772-773, 481 A.2d 221 .

22
Federal Trade Commission v. Grolier Inc.green
scotus · 1983 · cited in 2 Maryland opinions naming this issue, 1984–2001
2 sentences

2001The Court also cited F.T.C. v. Grolier, Inc., 462 U.S. 19 , 103 S.Ct. 2209 , 76 L.Ed.2d 387 (1983), for the proposition that the privilege continues after litigation ends.

2001The Court also cited F.T.C. v. Grolier, Inc., 462 U.S. 19 , 103 S.Ct. 2209 , 76 L.Ed.2d 387 (1983), for the proposition that the privilege continues after litigation ends.

12
United States v. Noblesgreen
scotus · 1975 · cited in 1 Maryland opinions naming this issue, 2013–2013
2 sentences

2013See United States v. Nobles, 422 U.S. 225, 239 , 95 S.Ct. 2160 , 45 L.Ed.2d 141 (1975) (“The privilege derived from the work-product doctrine is not absolute.

2013See United States v. Nobles, 422 U.S. 225, 239 , 95 S.Ct. 2160 , 45 L.Ed.2d 141 (1975) (“The privilege derived from the work-product doctrine is not absolute.

11
State v. Warnergreen
ariz · 1986 · cited in 1 Maryland opinions naming this issue, 2003–2003
2 sentences

2003That constitutional right *521 is violated when the attorney-client privilege of a person confined pending a trial on criminal charges is “undermined by state agents.” State v. Warner, 150 Ariz. 123 , 722 P.2d 291, 295 (1986).

2003That constitutional right *521 is violated when the attorney-client privilege of a person confined pending a trial on criminal charges is “undermined by state agents.” State v. Warner, 150 Ariz. 123 , 722 P.2d 291, 295 (1986).

11
Federal Open Market Committee of Federal Reserve System v. Merrillgreen
scotus · 1979 · cited in 1 Maryland opinions naming this issue, 1984–1984
2 sentences

1984See FTC v. Grolier Inc., 462 U.S. 19 , 103 S.Ct. 2209 , 76 L.Ed.2d 387 (1983) (privilege continues for FOIA purposes after litigation ends); Federal Open Market Committee v. Merrill, 443 U.S. 340, 355 , 99 S.Ct. 2800, 2809 , 61 L.Ed.2d 587, 600 (1979); NLRB v. Sears, Roebuck & Co., supra (memoranda of NLRB General Counsel to Regional Directors directing filing of unfair labor practice complaints excepted by Exemption 5).

1984See FTC v. Grolier Inc., 462 U.S. 19 , 103 S.Ct. 2209 , 76 L.Ed.2d 387 (1983) (privilege continues for FOIA purposes after litigation ends); Federal Open Market Committee v. Merrill, 443 U.S. 340, 355 , 99 S.Ct. 2800, 2809 , 61 L.Ed.2d 587, 600 (1979); NLRB v. Sears, Roebuck & Co., supra (memoranda of NLRB General Counsel to Regional Directors directing filing of unfair labor practice complaints excepted by Exemption 5).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Morris v. State green
mdctspecapp · 1984
2 sentences

2013It was never intended to be an evidentiary privilege.” Morris v. State, 59 Md.App. 659, 669 , 477 A.2d 1206 (1984).

2013It was never intended to be an evidentiary privilege.” Morris v. State, 59 Md.App. 659, 669 , 477 A.2d 1206 (1984).

12013–2013
Blair v. State green
mdctspecapp · 2000
2 sentences

2013The attorney work product doctrine “protects materials prepared in anticipation of litigation from disclosure.” Blair v. State, 130 Md.App. 571, 607 , 747 A.2d 702 (2000).

2013The attorney work product doctrine “protects materials prepared in anticipation of litigation from disclosure.” Blair v. State, 130 Md.App. 571, 607 , 747 A.2d 702 (2000).

12013–2013
In Re Doe green
ca4 · 1981
1 sentence

2001Appellant next asserts that Ms. McCafferty “waived the [attorney work product] privilege by sharing her thoughts and work product without ensuring its non-dissemination by the recipients.” Citing In re Doe, 662 F.2d 1073 , 1081 (4th Cir.Md.1981), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1632 , 71 L.Ed.2d 867 (1982), appellant contends that “nothing on the face of those documents” indicates McCafferty sought to limit the dissemination of those documents, and, therefore, he reasons that the appellee waived its right to claim the attorney work product privilege.

12001–2001
Railway Labor Executives' Ass'n v. Ogilvie green
scotus · 1982
1 sentence

2001Appellant next asserts that Ms. McCafferty “waived the [attorney work product] privilege by sharing her thoughts and work product without ensuring its non-dissemination by the recipients.” Citing In re Doe, 662 F.2d 1073 , 1081 (4th Cir.Md.1981), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1632 , 71 L.Ed.2d 867 (1982), appellant contends that “nothing on the face of those documents” indicates McCafferty sought to limit the dissemination of those documents, and, therefore, he reasons that the appellee waived its right to claim the attorney work product privilege.

12001–2001
McLemore's Wholesale & Retail Stores, Inc. v. Payne green
scotus · 1982
1 sentence

2001Appellant next asserts that Ms. McCafferty “waived the [attorney work product] privilege by sharing her thoughts and work product without ensuring its non-dissemination by the recipients.” Citing In re Doe, 662 F.2d 1073 , 1081 (4th Cir.Md.1981), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1632 , 71 L.Ed.2d 867 (1982), appellant contends that “nothing on the face of those documents” indicates McCafferty sought to limit the dissemination of those documents, and, therefore, he reasons that the appellee waived its right to claim the attorney work product privilege.

12001–2001
St. Louis-San Francisco Railway Co. v. Vanskike green
scotus · 1982
1 sentence

2001Appellant next asserts that Ms. McCafferty “waived the [attorney work product] privilege by sharing her thoughts and work product without ensuring its non-dissemination by the recipients.” Citing In re Doe, 662 F.2d 1073 , 1081 (4th Cir.Md.1981), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1632 , 71 L.Ed.2d 867 (1982), appellant contends that “nothing on the face of those documents” indicates McCafferty sought to limit the dissemination of those documents, and, therefore, he reasons that the appellee waived its right to claim the attorney work product privilege.

12001–2001
Mayor of Baltimore v. Burke green
mdctspecapp · 1986
1 sentence

1996Burke , 67 Md.

11996–1996
Hall v. State neutral
mdctspecapp · 1977
2 sentences

1984Hall v. State, 36 Md.App. 362, 368 , 373 A.2d 1250 (1977).

1984Hall v. State, 36 Md.App. 362, 368 , 373 A.2d 1250 (1977).

11984–1984

Statutes the citing opinions construe

USC § 5u.s.c.552 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 72 (1979–2026) PA 37 (1973–2025) NY 31 (1984–2025) TX 27 (1990–2025) WA 15 (1981–2019) OH 13 (2006–2025) NJ 10 (1962–2024) MD 10 (1984–2021) CT 8 (1992–2011) CO 7 (1982–2020) LA 7 (1997–2025) NH 6 (1986–2025) IL 5 (1989–2007) FL 4 (2004–2018) VA 4 (1990–2005) VT 4 (1998–2025) IN 3 (1990–1997) SC 3 (2010–2016) NC 3 (2000–2012) MS 3 (1992–2010) MA 3 (1996–2015) WI 2 (1988–2025) WV 2 (1996–2015) AK 2 (1968–1982) GA 2 (2013–2016) DC 2 (2005–2015) WY 2 (2014–2014) UT 2 (2001–2020) AZ 2 (1992–2023) KY 2 (2006–2020) MI 2 (1999–2025) DE 2 (2019–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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