CHESAPEAKE & OHIO RAILWAY CO.

v.

PAYNTER

Citator

Cited By (18 total)

• State v. Rabin, 495 So. 2d 257 (Fla. 3d DCA 1986)
  …63] The courts have consistently recognized that an attorney has a significant privacy interest in non-disclosure of opinion work product. E.g., DuPlan Corp. v. Moulinage et Retorderie de Chavanoz, 509 F. 2d 730, 734-36 (4th Cir.1974), cert. denied, 420 U.S. 997, 95 S.Ct. 1438, 43 L.Ed.2d 680 (1975); In re Special September 1978 Grand Jury, 640 F. 2d 49, 63 (7th Cir.1980). Justice Jackson, concurring in Hickman, 329 U.S. at 514-15, 67 S.Ct. at 395, 91 L.Ed. at 464, emphasized the importance of protecting wo…

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• Alachua Gen. Hosp., Inc. v. Zimmer USA, Inc., 403 So. 2d 1087 (Fla. 1st DCA 1981)
  …privilege would be attenuated if it were limited to documents that were prepared in the case for which discovery is sought. Id. at 334. Similarly, in Duplan Corp. v. Moulinage et Retorderie de Chavanoz, 487 F. 2d 480 (4th Cir. 1973), cert. denied, 420 U.S. 997, 97 S.Ct. 1438, 43 L.Ed.2d 680 (1975), the Fourth Circuit noted that: While, of course, the court in Hickman was addressing itself to material obtained by an attorney incident to the litigation then in progress, the rationale is scarcely less appli…

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• Fla. EYE Clinic, P.A. v. Gmach, 14 So. 3d 1044 (Fla. 5th DCA 2009)
  …ealed, even in later unrelated causes, may deter the attorney from freely recording his mental impressions, conclusions, theories, or opinions. DuPlan Corp. [v. Moulinage et Retorderie de Chavanoz, 509 F. 2d 730, 734-36 (4th Cir.1974), cert. denied, 420 U.S. 997, 95 S.Ct. 1438, 43 L.Ed.2d 680 (1975) ]. Moreover, this privacy interest is equally implicated where, as here, disclosure is sought pursuant to an investigative subpoena as it is where disclosure is being sought pursuant to a discovery request. Cf.,…