Epstein Secrets

party to the litigation, which 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 ment

lack of awareness that Perlman had ever been applied outside the grand jury context, Opposition at 6, but a quick Westlaw search demonstrates that Penman has often been applied outside the grand jury context. See, e.g., Gotham Holdings, LP v. 7 EFTA00583460 D. The United States is a Disinterested

ar. 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 jurisdiction based on Penman in a civil case, Mezu v. Morgan State University, 495 Fed. Appx. 286, 289 (4th Cir. 2012); the Ninth Circuit has applied Perlman in a case arising u

final orders that are immediately 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

, but we decline to draw an arbitrary line. The victims' argument has an ipse dixit quality—that is, because our Court has never before applied the Penman doctrine outside of the grand jury context, we should not do so now. But we must ask instead whether applying the doctrine here makes sense. 11 E

final orders that are immediately 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

, but we decline to draw an arbitrary line. The victims' argument has an ipse dixit quality—that is, because our Court has never before applied the Penman doctrine outside of the grand jury context, we should not do so now. But we must ask instead whether applying the doctrine here makes sense. 11 E

final orders that are immediately 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

, but we decline to draw an arbitrary line. The victims' argument has an ipse dixit quality—that is, because our Court has never before applied the Penman doctrine outside of the grand jury context, we should not do so now. But we must ask instead whether applying the doctrine here makes sense. 11 E