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HAINES v. LIGGETT GROUP INC.

No. 92-5144.

975 F.2d 81 (1992)

Susan HAINES, as Administratrix ad Prosequendum and Executrix of the Estate of Peter F. Rossi v. LIGGETT GROUP INC., a Delaware Corporation; Loew's Theatres Incorporated, a New York Corporation; R.J. Reynolds Tobacco Co., a New Jersey Corporation; Philip Morris Incorporated, a Virginia Corporation; the Tobacco Institute, Petitioners. Honorable H. Lee Sarokin, United States District Judge for the District of New Jersey, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided September 4, 1992.

As Amended September 17, 1992.

Order on Denial of Rehearing October 8, 1992.

Attorney(s) appearing for the Case

Arlin M. Adams (argued), Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for petitioners.

Marc Z. Edell (argued), Cynthia A. Walters, Budd Larner Gross Rosenbaum Greenberg & Sade, Short Hills, N.J., for respondent.

Before: GREENBERG, ALITO and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Several important questions are presented in this original petition in mandamus filed by leading tobacco companies. They request us to direct the district court to vacate its order that the crime-fraud exception to the attorney-client, work product and joint defense privileges applies to various documents here, 140 F.R.D. 681, but the primary issue that we must decide is whether the district court properly exercised...

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