In re: Grand Jury Matter #3

In re: Grand Jury Matter #3

Plaintiff - Appellant:	JOHN DOE
Defendant - Appellee:	UNITED STATES OF AMERICA
Case Number:	15-2475
Filed:	June 17, 2015
Court:	U.S. Court of Appeals, Third Circuit
Nature of Suit:	Other Statutory Actions

Opinions

We have the following opinions for this case:

Date Filed	Description
October 28, 2016	In re: Grand Jury Matter #3
January 27, 2017	In re: Grand Jury Matter #3

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Available Case Documents

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Date Filed	Document Text
January 27, 2017	Filing 3012523167 PRECEDENTIAL PER CURIAM OPINION Coram: MCKEE, Chief Judge, AMBRO and SCIRICA, Circuit Judges. Total Pages: 17. Many appeals involving grand jury proceedings will become moot after the return of an indictment. But the presence of a new grand jury that is continuing to investigate even after issuing a superseding indictment makes this case out-of-lane. As a live controversy remains, an indictment does not automatically preclude us from deciding it. When we do so, we conclude that the crime-fraud exception to the attorney work-product privilege does not apply to the email at issue. We therefore reverse the decision allowing the breach of that privilege. Judge Theodore McKee concluded his term as Chief of the United States Court of Appeals for the Third Circuit on September 30, 2016. Judge D. Brooks Smith became Chief Judge on October 1, 2016.
October 28, 2016	Filing 3012447970 PRECEDENTIAL OPINION Coram: MCKEE, Chief Judge, AMBRO and SCIRICA, Circuit Judges. Total Pages: 39. Judge: MCKEE Authoring. AMBRO: Dissenting. Judge McKee was Chief Judge at the time this appeal was argued. Judge McKee concluded his term as Chief Judge of the United States Court of Appeals on September 30, 2016.--[Edited 10/28/2016 by MB]

Date Filed

Document Text

January 27, 2017

Filing 3012523167 PRECEDENTIAL PER CURIAM OPINION Coram: MCKEE, Chief Judge*, AMBRO and SCIRICA, Circuit Judges. Total Pages: 17. Many appeals involving grand jury proceedings will become moot after the return of an indictment. But the presence of a new grand jury that is continuing to investigate even after issuing a superseding indictment makes this case out-of-lane. As a live controversy remains, an indictment does not automatically preclude us from deciding it. When we do so, we conclude that the crime-fraud exception to the attorney work-product privilege does not apply to the email at issue. We therefore reverse the decision allowing the breach of that privilege. *Judge Theodore McKee concluded his term as Chief of the United States Court of Appeals for the Third Circuit on September 30, 2016. Judge D. Brooks Smith became Chief Judge on October 1, 2016.

October 28, 2016

Filing 3012447970 PRECEDENTIAL OPINION Coram: MCKEE, Chief Judge*, AMBRO and SCIRICA, Circuit Judges. Total Pages: 39. Judge: MCKEE Authoring. AMBRO: Dissenting. *Judge McKee was Chief Judge at the time this appeal was argued. Judge McKee concluded his term as Chief Judge of the United States Court of Appeals on September 30, 2016.--[Edited 10/28/2016 by MB]

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Plaintiff - appellant: JOHN DOE
Represented By:	Scott A. Resnik
Represented By:	Michael M. Rosensaft
Represented By:	Andrew K. Stutzman
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Defendant - appellee: UNITED STATES OF AMERICA
Represented By:	Mark B. Dubnoff
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