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dence 501 is a mixed question of 7 EFTA00209391 Case: 13-12923 Date Wit H4118/2014 Page: 8 of 23 law and fact that we review de novo. Adkins'. Christie, 488 F.3d 1324, 1327 (11th Cir. 2007). But we review for clear error factual findings made by a district court. Morrissette-Brown'. Mobile Infirmar
tion are held by a disinterested party who is likely "to forgo suffering a contempt citation and appealing in favor of disclosure," United States I Krane, 625 F.3d 568, 573 (9th Cir. 2010). As the Seventh Circuit explained about the scope of the Perlman doctrine after Mohawk, "[o]nly when the person
dence 501 is a mixed question of 7 EFTA00209432 Case: 13-12923 Date Wit H4118/2014 Page: 8 of 23 law and fact that we review de novo. Adkins'. Christie, 488 F.3d 1324, 1327 (11th Cir. 2007). But we review for clear error factual findings made by a district court. Morrissette-Brown'. Mobile Infirmar
tion are held by a disinterested party who is likely "to forgo suffering a contempt citation and appealing in favor of disclosure," United States I Krane, 625 F.3d 568, 573 (9th Cir. 2010). As the Seventh Circuit explained about the scope of the Perlman doctrine after Mohawk, "[o]nly when the person
3 law and fact that we review de novo. Adkins v. Christie, 488 F.3d 1324, 1327 (11th Cir. 2007). But we re
ion are held by a disinterested party who is likely "to forgo suffering a contempt citation and appealing in favor of disclosure," United States v. Krane, 625 F.3d 568, 573 (9th Cir. 2010). As the Seventh Circuit explained about the scope of the Perlman doctrine after Mohawk, "[o]nly when the person
erative need for confidence and trust, 3) the evidentiary benefit of the denial of the privilege, and 4) the consensus among the states." Adkins v. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007). These factors all militate in favor of the recognition that there is a common law privilege for settlement/pl
n, 544 F.2d 791 (5th Cir. 1977) 15, 31 United States v. Knight, 867 F.2d 1285 (11th Cir.), cert. denied, 493 U.S. 846 (1989) 24 United States v. Krane, 625 F.3d 568 (9th Cir. 2010) 50 United States v. Merrill, 685 F.3d 1002 (11th Cir. 2012) 24, 25 *United States v. Mezzanatto, 513 U.S. 196 (1995
0), we disfavor newly minted privileges, which "contravene the fundamental principle that the public has a right to every man's evidence," Adkins'. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007) (quoting Univ. of Pa.'. EEOC, 493 U.S. 182, 189, 110 S. Ct. 577, 582 (1990)). "Accordingly, there is a presum
tion are held by a disinterested party who is likely "to forgo suffering a contempt citation and appealing in favor of disclosure," United States I Krane, 625 F.3d 568, 573 (9th Cir. 2010). As the Seventh Circuit explained about the scope of the Perlman doctrine after Mohawk, "[o]nly when the person
f law and fact that we review de novo. Adkins I. Christie, 488 F.3d 1324, 1327 (11th Cir.2007). But we re
t-Orsted I. 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 (ruling that " Perlman and Mohawk are not in tension" when the claimant of a privilege is not a party). But see United States I.
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