Epstein Secrets

s," Opposition at 6, are the plaintiffs able to ignore the fact that the Eleventh Circuit cited Perlman n support of its finding of jurisdiction in Overby v. U.S. Fidelity & Guar. Co., 244 F.2d 158, 162 & n.5 (11th Cir. 1955), a civil case. In just the few years since Mohawk, the Fourth Circuit found j

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

er has no power to compel the custodian of the material to risk a contempt citation for his refusal to comply" (internal quotation marks omitted)); Overby. United States Ficl. & Guar. Co., 224 F.2d 158, 162 & n.5 (5th Cir. 1955) (exercising interlocutory jurisdiction and citing Perlman in a civil acti

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

er has no power to compel the custodian of the material to risk a contempt citation for his refusal to comply" (internal quotation marks omitted)); Overby. United States Ficl. & Guar. Co., 224 F.2d 158, 162 & n.5 (5th Cir. 1955) (exercising interlocutory jurisdiction and citing Perlman in a civil acti

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

013 Page: 4 of 25 Miccosukee Tribe of Indians of Florida, 516 F.3d 1235 (11th Cir. 2008) Mohawk Industries, Inc.. Carpenter, 558 U.S. 100 (2009) Overby,. U.S. Fidelity & Guar. Co., 224 F.2d 158 (11th Cir. 1955) Perlman' United States, 247 U.S. 7 (1918) Rossi City of Memphis, 423 F.3d 596 (6th Cir.

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

013 Page: 4 of 25 Miccosukee Tribe of Indians of Florida, 516 F.3d 1235 (11th Cir. 2008) Mohawk Industries, Inc.. Carpenter, 558 U.S. 100 (2009) Overby,. U.S. Fidelity & Guar. Co., 224 F.2d 158 (11th Cir. 1955) Perlman' United States, 247 U.S. 7 (1918) Rossi City of Memphis, 423 F.3d 596 (6th Cir.

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

51 EFTA00209664 Case: 13-12923 Date Filed: 08/05/2013 Page: 9 of 75 Moulder v. State, 154 Ind. App. 248, 289 N.E.2d 522 (Ind. App. 1972) 43 Overby v. U.S. Fidelity & Guar. Co., 224 F.2d 158 (11th Cir. 1955) 55 *Perlman v. United States, 247 U.S. 7 (1918) passim Reichenbach v. Smith, 528 F.

) 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

er has no power to compel the custodian of the material to risk a contempt citation for his refusal to comply" (internal quotation marks omitted)); Overby. United States Fid. & Guar. Co., 224 F.2d 158, 162 & n.5 (5th Cir. 1955) (exercising interlocutory jurisdiction and citing Perlman in a civil actio

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

t fifty years," Motion at 16, are the plaintiffs able to ignore the fact that this Court cited Perlman in support of its finding of jurisdiction in Overby v. U.S. Fidelity & Guar. Co., 224 F.2d 158, 162 & n.5 (11th Cir. 1955), a civil case. In just the few years since Mohawk, the Fourth Circuit found

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

," Opposition at 6, are the plaintiffs able to ignore the fact that the Eleventh Circuit cited Perlman in support of its finding of jurisdiction in Overby v. U.S. Fidelity & Guar. Co., 224 F.2d 158, 162 & n.5 (11th Cir. 1955), a civil case. In just the few years since Mohawk, the Fourth Circuit found j

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

t fifty years," Motion at 16, are the plaintiffs able to ignore the fact that this Court cited Perlman in support of its finding of jurisdiction in Overby v. U.S. Fidelity & Guar. Co., 224 F.2d 158, 162 & n.5 (11th Cir. 1955), a civil case. In just the few years since Mohawk, the Fourth Circuit found

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