Save Our Invaluable Land (Soil), Inc. v. Needham

How later courts describe this case

• although agents had ample time after probable cause arose to obtain warrant, the failure to do so does not preclude a finding of exigent circumstances
• defendant had right to be present when jury was recalled for supplementary instructions after deliberations were underway
• although agents had ample time after probable cause arose to obtain a warrant, the failure to do so does not preclude a finding of exigent circumstances
• service on day 58 mandated dismissal; when the defect cannot be remedied prior to expiration of two-year statute of limitation, dismissal must be final
• service delayed until 58 days after suit filed; 14 days after limitations period expired
• in antitrust suit brought by United States against a manufacturer, manufacturer was not entitled to discover work product documents relating to the government’s investigations of other manufacturers; Rule 26(b)(3) held to extend to "work produced in anticipation of other litigation’’
• states Baker elements as necessary to effect a nonjudicial setoff
• "Were the work product doctrine an unpenetrable protection against discovery, we would be less willing to apply it to work produced in anticipation of other litigation. But the work product doctrine provides only a qualified protection against discovery * * *."