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In Re Grand Jury v.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-55085, 21-55145 · judgment January 27, 2022


Decided · January 23, 2023
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.

Question presented

Whether a communication involving both legal and non-legal advice is protected by attorney-client privilege where obtaining or providing legal advice was one of the significant purposes behind the communication. DISMISSED AS IMPROVIDENTLY GRANTED.

Counsel of record

For petitioner
Daniel Benjamin Levin
Munger, Tolles and Olson LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
16 merits
(16 supporting pet./neither)

Argument & decision

Argued January 9, 2023 — Daniel B. Levin · Masha G. Hansford. Audio and transcript

Decided January 23, 2023. Opinion by Per Curiam.

Proceedings

  1. Feb 27 2023
    Judgment issued.
  2. Jan 23 2023
    Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam.
  3. Jan 09 2023
    Argued. For petitioner: Daniel B. Levin, Los Angeles, Cal. For respondent: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
  4. Dec 30 2022
    Reply of petitioner In Re Grand Jury filed. (Distributed)
  5. Dec 16 2022
    Brief of respondent United States filed. (Distributed)
  6. Dec 12 2022
    Motion for leave to file the joint appendix under seal GRANTED.
  7. Dec 07 2022
    CIRCULATION
  8. Dec 07 2022
    Record received from the U.S.C.A. 9th Circuit. The record is electronic and contains sealed materials.
  9. Nov 23 2022
    Brief amicus curiae of DRI Center for Law and Public Policy filed.
  10. Nov 23 2022
    Brief amicus curiae of The Buckeye Institute filed.
  11. Nov 23 2022
    Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
  12. Nov 23 2022
    Brief amicus curiae of Atlantic Legal Foundation filed.
  13. Nov 23 2022
    Brief amicus curiae of California Lawyers Association filed.
  14. Nov 23 2022
    Brief amicus curiae of American College of Tax Counsel filed.
  15. Nov 23 2022
    Brief amicus curiae of Federation of Defense & Corporate Counsel filed.
  16. Nov 23 2022
    Brief amicus curiae of American Bar Association filed.
  17. Nov 23 2022
    Brief amicus curiae of Lawyers for Civil Justice filed.
  18. Nov 22 2022
    Brief amicus curiae of Silicon Valley Tax Directors Group filed.
  19. Nov 22 2022
    Brief amicus curiae of Washington Legal Foundation filed.
  20. Nov 21 2022
    Brief amicus curiae of Association of Professional Responsibility Lawyers in support of neither party filed.
  21. Nov 17 2022
    Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
  22. Nov 16 2022
    Record requested from the U.S.C.A. 9th Circuit.
  23. Nov 16 2022
    Brief of petitioner In Re Grand Jury filed.
  24. Nov 16 2022
    Motion for leave to file the joint appendix under seal filed by petitioner.
  25. Nov 10 2022
    SET FOR ARGUMENT on Monday, January 9, 2023.
  26. Oct 27 2022
    Blanket Consent filed by Petitioner, In Re Grand Jury
  27. Oct 03 2022
    Petition GRANTED.
  28. Aug 17 2022
    DISTRIBUTED for Conference of 9/28/2022.
  29. Aug 12 2022
    Reply of petitioner In Re Grand Jury filed.
  30. Aug 01 2022
    Brief of respondent United States in opposition filed.
  31. Jun 23 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including August 1, 2022.
  32. Jun 22 2022
    Motion to extend the time to file a response from July 1, 2022 to August 1, 2022, submitted to The Clerk.
  33. Jun 01 2022
    Brief amicus curiae of Washington Legal Foundation filed.
  34. Jun 01 2022
    Brief amicus curiae of California Lawyers Association filed.
  35. Jun 01 2022
    Brief amicus curiae of Chamber of Commerce of the United States of America filed.
  36. May 09 2022
    Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2022.
  37. May 06 2022
    Motion to extend the time to file a response from June 1, 2022 to July 1, 2022, submitted to The Clerk.
  38. May 02 2022
    Motion (21M105) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
  39. Apr 13 2022
    MOTION (21M105) DISTRIBUTED for Conference of 4/29/2022.
  40. Apr 01 2022
    Motion (21M105) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
  41. Apr 01 2022
    Petition for a writ of certiorari filed. (Response due June 1, 2022)