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ffs rely do not support the proposition that appellate review under the Perlman doctrine is not available to intervenors in this case. In Wilson v. O'Brien, 621 F.3d 641 (7th Cir. 2010), see Opposition at 3-4, plaintiff and the individual whose deposition defendants wished to use to support a summary ju
ich this case does not. Second, Mohawk was concerned 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 distinctio
octrine after Mohawk, "[o]nly when the person who asserts a privilege is a non- litigant will an appeal from a final decision be inadequate." Wilson. O'Brien, 621 F.3d 641, 643 (7th Cir. 2010); see also In re Grand Jury, 705 F.3d at 145-46 & n.11 (rejecting that Mohawk narrowed Perlman "at least in the g
mediately appealable. Id. Five notable exceptions to this rule exist: the Perlman doctrine; the collateral-order doctrine, Cohen' Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S. Ct. 1221 (1949); a certification provided by statute, 28 U.S.C. § 1292(b); a petition for a writ of mandamus; or an appeal of a
octrine after Mohawk, "[o]nly when the person who asserts a privilege is a non- litigant will an appeal from a final decision be inadequate." Wilson. O'Brien, 621 F.3d 641, 643 (7th Cir. 2010); see also In re Grand Jury, 705 F.3d at 145-46 & n.11 (rejecting that Mohawk narrowed Perlman "at least in the g
mediately appealable. Id. Five notable exceptions to this rule exist: the Perlman doctrine; the collateral-order doctrine, Cohen' Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S. Ct. 1221 (1949); a certification provided by statute, 28 U.S.C. § 1292(b); a petition for a writ of mandamus; or an appeal of a
r. 2010) 9 United States' Mezzanatto, 513 U.S. 196, 205 (1995) 12 United States I Williams Cos., Inc., 562 F.3d 387 (D.C.Cir. 2009) 15 Wilson. O'Brien, 621 F.3d 641 (7th Cir. 2010) 10, 11, 15 Constitutional Provisions Sixth Amendment, United States Constitution 5 Statutes and Rules 18 U.S.C.
te Filed: 07/12/2013 Page: 3 of 25 TABLE OF AUTHORITIES Cases Church of Scientology'. United States, 506 U.S. 9 (1992) Cohenl. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949) Florida Wildlife Federation, Inc. I. South Florida Water Management Dist., 647 F.3d 1296 (11th Cir. 2011) 14 6 18 Gill Gu
r. 2010) 9 United States' Mezzanatto, 513 U.S. 196, 205 (1995) 12 United States I Williams Cos., Inc., 562 F.3d 387 (D.C.Cir. 2009) 15 Wilson. O'Brien, 621 F.3d 641 (7th Cir. 2010) 10, 11, 15 Constitutional Provisions Sixth Amendment, United States Constitution 5 Statutes and Rules 18 U.S.C.
te Filed: 07/12/2013 Page: 3 of 25 TABLE OF AUTHORITIES Cases Church of Scientology'. United States, 506 U.S. 9 (1992) Cohenl. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949) Florida Wildlife Federation, Inc. I. South Florida Water Management Dist., 647 F.3d 1296 (11th Cir. 2011) 14 6 18 Gill Gu
trine after Mohawk, "[o]nly when the person who asserts a privilege is a non- litigant will an appeal from a final decision be inadequate." Wilson v. O'Brien, 621 F.3d 641, 643 (7th Cir. 2010); see also In re Grand Jury, 705 F.3d at 145-46 & n.11 (rejecting that Mohawk narrowed Perlman "at least in the g
diately appealable. Id. Five notable exceptions to this rule exist: the Perlman doctrine; the collateral-order doctrine, Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S. Ct. 1221 (1949); a certification provided by statute, 28 U.S.C. § 1292(b); a petition for a writ of mandamus; or an appeal of a
er, 583 F.3d 285 (5th Cir. 2009), cert. denied, 559 U.S. 916 (2010) 14 Williams & Connolly v. S.E.C., 662 F.3d 1240 (D.C.Cir. 2011) 22 Wilson v. O'Brien, 621 F.3d 641 (7th Cir. 2010) 50, 52, 55 Constitutional Provisions Sixth Amendment, United States Constitution passim Statutes and Rules 18 U.S
) 33 Blackledge v. Allison, 431 U.S. 63 (1977) 31 Church of Scientology v. United States, 506 U.S. 9 (1992) 46 Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949) 47 Cox v. Administrator U.S. Steel & Carnegie, 17 F.3d 1386 (11th Cir. 1994), cert. denied, 513 U.S. 1110 (1995) 21 Fol
octrine after Mohawk, "[o]nly when the person who asserts a privilege is a non- litigant will an appeal from a final decision be inadequate." Wilson. O'Brien, 621 F.3d 641, 643 (7th Cir. 2010); see also In re Grand Jury, 705 F.3d at 145-46 & n.11 (rejecting that Mohawk narrowed Perlman "at least in the g
mediately appealable. Id. Five notable exceptions to this rule exist: the Perlman doctrine; the collateral-order doctrine, Cohen' Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S. Ct. 1221 (1949); a certification provided by statute, 28 U.S.C. § 1292(b); a petition for a writ of mandamus; or an appeal of a
ffs rely do not support the proposition that appellate review under the Perlman doctrine is not available to intervenors in this case. In Wilson v. O'Brien, 621 F.3d 641 (7th Cir. 2010), see Motion at 13, plaintiff and the individual whose deposition defendants wished to use to support a summary judgme
ich this case does not. Second, Mohawk was concerned 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 distincti
ffs rely do not support the proposition that appellate review under the Perlman doctrine is not available to intervenors in this case. In Wilson v. O'Brien, 621 F.3d 641 (7th Cir. 2010), see Opposition at 3-4, plaintiff and the individual whose deposition defendants wished to use to support a summary ju
ich this case does not. Second, Mohawk was concerned 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 distinctio
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