Epstein Secrets

that "when the person who asserts a privilege is a non-litigant," "an appeal from a final judgment [will] be inadequate." In Holt-Ousted v. City of Dickson, 641 F.3d 230 (6th Cir. 2011), the plaintiffs sought to take an interlocutory appeal from an order compelling the testimony of their former attorney

be disclosed to plaintiffs. Opposition at 2-3. Intervenors did not, however, ignore controlling Supreme Court precedent, for the simple reason that Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009), does not affect the intervenors' ability to take an appeal from this Court's disclosure order. There are two EFT

03) 22 Florida Wildlife Federation, Inc. v. South Florida Water Management Dist., 647 F.3d 1296, 1302 (11th Cir. 2011) 21 Holt-Orsted v. City of Dickson, 641 F.3d 230, 236-40 (6th Cir. 2011) 14, 15, 19 In re Sealed Case, ---F.3d---, 2013 WL 2120157, at *5 (D.C. Cir. 2013) 13, 17 Miccosukee Tribe o

2013 WL 2120157, at *5 (D.C. Cir. 2013) 13, 17 Miccosukee Tribe of Indians of Florida v. United States, 516 F.3d 1235, 1265 (11th Cir. 2008) 21 Mohawk Industries, Inc. v. Carpenter, 130 S. Ct. 599 (2009) passim Nat'l Super Spuds, Inc. v. N.Y. Mercantile Exch., 591 F.2d 174, 178 (2d Cir.1979) 13 Perlman v. Unit

final decision will allow review of the district court's ruling." Wilson O'Brien, 621 F.3d 641, 643 (7th Cir. 2010); accord Holt-Orsted I. City of Dickson, 641 F.3d 230, 236-40 (6th Cir. 2011) ("Mhe Mohawk decision has altered the legal landscape related to collateral appeals of discovery orders advers

ge litigation is a paradigmatic example of when interlocutory appeals are proper, the Supreme Court has recently and flatly concluded otherwise. In Mohawk Industries, Inc. I Carpenter, 130 S.Ct. 599 (2009), an opinion that immediately appears when performing basic research on this issue, the Supreme Court affirmed the

o In re Grand Jury, 705 F.3d at 145-46 & n.11 (rejecting that Mohawk narrowed Perlman "at least in the grand jury context"); Holt-Orsted v. City of Dickson, 641 F.3d 230, 239 (6th Cir. 2011) (recognizing that Perlman jurisdiction remains when a nonparty asserts a privilege); Krane, 625 F.3d at 572 (rul

only to grand jury subpoenas. Perlman v. United States, 247 U.S. 7, 38 S. Ct. 417 (1918). Second, they argue that a decision of the Supreme Court, Mohawk Industries, Inc. v. Carpenter, 558 U .S . 100, 130 S. Ct. 599 (2009), forecloses an interlocutory appeal of a denial of a claim of privilege. 8 EFTA00209639 Cas

es Power Supply, Inc., 332 F.3d 976, 980 (6th Cir. 2003) 32,33, 38,40 Hickman v. Taylor, 329 U.S. 495 (1947) 14, 20, 21 Holt-Orsted v. City of Dickson, 641 F.3d 230 (6th Cir. 2011) 51, 52, 55 In re Air Crash Near Cali, Colombia, 959 F.Supp. 1529 (S.D.F1a. 1997) 38, 40 In re Grand Jury, 705

State University, 495 Fed. Appx. 286 (4th Cir. 2012), cert. denied, 133 S.Ct. 991 (2013) 55 *Missouri v. Frye, 132 S. Ct. 1399 (2012) 12, 35,36 Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009) 46, 47, 48, 49, 51 EFTA00209664 Case: 13-12923 Date Filed: 08/05/2013 Page: 9 of 75 Moulder v. State, 154 I

so In re Grand Jury, 705 F.3d at 145-46 & n.11 (rejecting that Mohawk narrowed Perlman "at least in the grand jury context"); Holt-Orstedl. City of Dickson, 641 F.3d 230, 239 (6th Cir. 2011) (recognizing that Perlman jurisdiction remains when a nonparty asserts a privilege); Krane, 625 F.3d at 572 (rul

es only to grand jury subpoenas. Perlman' United States, 247 U.S. 7, 38 S. Ct. 417 (1918). Second, they argue that a decision of the Supreme Court, Mohawk Industries, Inc.I Carpenter, 558 U .S . 100, 130 S. Ct. 599 (2009), forecloses an interlocutory appeal of a denial of a claim of privilege. 8 EFTA00209748 Case:

hat "when the person who asserts a privilege is a non-litigant," "an appeal from a final judgment [will] be inadequate." In Holt-Orsted v. City of Dickson, 641 F.3d 230 (6th Cir. 2011), the plaintiffs sought to take an interlocutory appeal from an order compelling the testimony of their former attorne

ssed 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), undercuts the Court's exercise of Perhnan jurisdiction in this case. While the underlying CVRA action was comme

son who asserts a privilege is a non-litigant," "an appeal from a final judgment [will] be inadequate." 4 EFTA00583783 In Holt-Ousted v. City of Dickson, 641 F.3d 230 (6th Cir. 2011), the plaintiffs sought to take an interlocutory appeal from an order compelling the testimony of their former attorney

be disclosed to plaintiffs. Opposition at 2-3. Intervenors did not, however, ignore controlling Supreme Court precedent, for the simple reason that Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009), does not affect the intervenors' ability to take an appeal from this Court's disclosure order. There are two EFT

hat "when the person who asserts a privilege is a non-litigant," "an appeal from a final judgment [will] be inadequate." In Holt-Orsted v. City of Dickson, 641 F.3d 230 (6th Cir. 2011), the plaintiffs sought to take an interlocutory appeal from an order compelling the testimony of their former attorne

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), undercuts the Court's exercise of Perlman jurisdiction in this case. While the underlying CVRA action was comme