3 canonical passages across 3 cases, quoted by 22 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: Sealed Case.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | In Re: Sealed Case Anchor | green | “subjective belief that litigation was a real possibility, and that belief must have been objectively reasonable.” | 8 |
| 2 | Federal Trade Commission v. Boehringer Ingelheim Pharmaceuticals, Inc. | green | “whether, in light of the nature of the document and the factual situation in the particular case, the document can fairly be said to have been prepared or obtained because of the prospect of litigation.” | 7 |
| 3 | Ellis v. United States Department of Justice | green | “(1) provide a description of the nature of and contents of the withheld document, (2) identify the document's author or origin, (3) note the circumstances that surround the document's creation, and (4) provide some indication of the type of litigation for which the document's us…” | 7 |
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.