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8 canonical passages across 8 cases, quoted by 37 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from In re Kidder Peabody Securities Litigation.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | In re Kidder Peabody Securities Litigation Anchor | green | “the substance of the documents as a sword while at the same time invoking the privilege as a shield to prevent disclosure of the very materials that it has repeatedly invited the courts to rely upon” | 6 |
| 2 | Squealer Feeds v. Pickering | green | “if the 'primary motivating purpose' in preparing the documents is to 'aid in possible future litigation,' the documents are prepared in anticipation of litigation.” | 5 |
| 3 | Navigant Consulting, Inc. v. Wilkinson | green | “a document is entitled to work product protection if the primary motivating purpose behind the creation of the document was to aid in possible future litigation.” | 5 |
| 4 | Blockbuster Entertainment Corp. v. McComb Video, Inc. | green | “the general rule is that litigation need not necessarily be imminent as long as the primary motivating purpose behind the creation of the document was to aid in possible future litigation.” | 5 |
| 5 | United States v. Torf | green | “but for the prospect of that litigation,” | 4 |
| 6 | United States ex rel. Purcell v. MWI Corp. | green | “a party does not automatically waive the work-product privilege by disclosure to a third party.” | 4 |
| 7 | Medinol Ltd. v. Boston Scientific Corp. | green | “unlike the attorney-client privilege, . . . work product protection is not necessarily waived by disclosures to third persons.” | 4 |
| 8 | In re Om Group Securities Litigation | green | “disclosure of the presentation would make it unfair to protect the documents underlying the presentation” | 4 |
A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.