rcuit. Our understanding of DOD's position on interlocutory appeals is that they are notimnissible in these circumstances, particularly in light of Mohawk Industries, Inc. I Carpenter, 130 =. 599 (2009) (affirming 11th Circuit decision that an attorney-client rivilege order is not immediately appealable). As you proba

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

uit. Our understanding of DOD's position on interlocutory appeals is that they are not permissible in these circumstances, particularly in light of Mohawk Industries, Inc. I Carpenter, 130 S.C.t. 599 (2009) (affirming 11th Circuit decision that an attorney-client rivilege order is not immediately appealable). As you pr

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

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

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

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:

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

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

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

decision in In re Grand Jury Proceedings, 142 F.3d 1416, 1420 n. 9 (11th Cir.1998). EFTA00583882 Brief of Intervenors/Appellants at 45-52. Unlike Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009), Epstein and the attorney intervenors intervened solely for the limited purpose of seeking to prevent the disclos

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