The Supreme Court Dodges—for Now—the Circuit Split on the ‘Dual Purpose’ Test for Privilege
Discovery Advocate
FEBRUARY 20, 2023
Summary of the Case: The Supreme Court, which had initially agreed to consider a circuit split on a privilege issue that commonly arises in discovery, reversed course and dismissed the writ of certiorari as “improvidently granted”—meaning the Supreme Court will not resolve the circuit split this term. In re Grand Jury , 23 F.4th
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