Epstein Secrets

ncerned with an interlocutory appeal under the collateral order doctrine of Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949), not with the Perlman exception to the final judgment rule; indeed, it did not so much as mention Perlman. Those two distinctions are critical. In analyzing the issue of

teral order doctrine to appeal from an order compelling it to produce documents which it contended were protected by the attorney-client privilege, the Mohawk Court emphasized that the Court had "stressed that [the Cohen collateral order doctrine] must never be allowed to swallow the general rule that a party is

stein nor intervenor-attorneys are parties to the action, this Court, for the reasons addressed herein, has jurisdiction to hear their appeal under Perlman v. United States, 247 U.S. 7 (1918); contrary to plaintiffs' arguments, nothing in Mohawk Industries, Inc. v. Carpenter, 558 U .S. 100 (2009), unde

of district court litigation and needlessly burden the Courts of Appeals" (emphasis added)). In holding that an interlocutory appeal would not lie, the Mohawk Court concluded that postjudgment appeals generally suffice to protect the rights of litigants and ensure the vitality of the attorney-client privilege.

ncerned with an interlocutory appeal under the collateral order doctrine of Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949), not with the Perlman exception to the final judgment rule; indeed, it did not so much as mention Perlman. Those two distinctions are critical. In analyzing the issue of

teral order doctrine to appeal from an order compelling it to produce documents which it contended were protected by the attorney-client privilege, the Mohawk Court emphasized that the Court had "stressed that [the Cohen collateral order doctrine] must never be allowed to swallow the general rule that a party i

stein nor intervenor-attorneys are parties to the action, this Court, for the reasons addressed herein, has jurisdiction to hear their appeal under Perlman v. United States, 247 U.S. 7 (1918), and, contrary to plaintiffs' arguments, nothing in Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009),

of district court litigation and needlessly burden the Courts of Appeals" (emphasis added)). In holding that an interlocutory appeal would not lie, the Mohawk Court concluded that 7 EFTA00584609 postjudgment appeals generally suffice to protect the rights of litigants and ensure the vitality of the attorney