Monday, April 11, 2011

En Banc Petition Filed in Norris case

The Third Circuit recently ruled in a closely watched case, on the issue of whether corporate counsel had in fact represented an individual within the corporation and as such the attorney-client privilege should apply.  (see here) The unpublished opinion of the court found no error on the part of the district court.  Counsel for Appellant Norris has now filed for a rehearing en banc.   Three issues are presented in this Petition:

 "I. The Panel Decision Squarely Conflicts With Shramm, Arthur Andersen, and Aguilar as to the Requisite Specific Intent for a Conspiracy to Obstruct a Grand Jury Proceeding;

 II.The Panel Decision Squarely Conflicts with Farrell's Holding that 'Corrupt Persuasion' Does Not Include Persuading an Alleged Co-Conspirator to Withhold Incriminating Information;

III. The Panel Decision Misapplied Bevill to Permit the Evisceration of a Corporate Officer's Personal Attorney-Client Privilege."

Petition for Rehearing En Banc - Download 2011-04-06 Petition for Rehearing En Banc

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2011/04/en-banc-petition-filed-in-norris-case.html

Defense Counsel, Investigations, Judicial Opinions, Obstruction, Privileges | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0147e3e42b13970b

Listed below are links to weblogs that reference En Banc Petition Filed in Norris case:

Comments

Post a comment