Privileged documents produced in response to a grand-jury subpoena cannot be withheld in subsequent civil litigation (even litigation about Superman), according to this opinion from the Ninth Circuit. The party asserting the privilege attempted to shield production in the civil case by claiming they had only "selectively waived" the privilege to respond to the subpoena. The Ninth Circuit rejected that claim. The court reasoned it may be appropriate to recognize a new privilege to protect from civil litigants documents provided to the government. But the court refused to do so, considering it more properly within the legislature's purview to do so.
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