EFTA00209632Set 9
2014-04-1824p5,766w
this appeal for lack of jurisdiction
for two reasons. First, they argue that the Perlman doctrine, which permits a
claimant of a privilege to appeal a non-final judgment, applies ... orders that are immediately appealable. Id. Five notable exceptions to this
rule exist: the Perlman doctrine; the collateral-order doctrine, Cohen v. Beneficial
Indus. Loan Corp ... petition for a writ of mandamus; or an appeal of a
contempt citation.
The Perlman doctrine allows an intervenor to file an interlocutory appeal of
an order denying a motion
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209632.pdf
EFTA00209741Set 9
2014-04-1823p5,318w
this appeal for lack of jurisdiction
for two reasons. First, they argue that the Perlman doctrine, which permits a
claimant of a privilege to appeal a non-final judgment, applies ... 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 ... petition for a writ of mandamus; or an appeal of a
contempt citation.
The Perlman doctrine allows an intervenor to file an interlocutory appeal of
an order denying a motion
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209741.pdf
EFTA01197325Set 9
2014-04-1824p5,755w
this appeal for lack of jurisdiction
for two reasons. First, they argue that the Perlman doctrine, which permits a
claimant of a privilege to appeal a non-final judgment, applies ... orders that are immediately appealable. Id. Five notable exceptions to this
rule exist: the Perlman doctrine; the collateral-order doctrine, Cohen v. Beneficial
Indus. Loan Corp ... petition for a writ of mandamus; or an appeal of a
contempt citation.
The Perlman doctrine allows an intervenor to file an interlocutory appeal of
an order denying a motion
https://www.justice.gov/epstein/files/DataSet%209/EFTA01197325.pdf
EFTA00209385Set 9
2014-04-1824p5,738w
this appeal for lack of jurisdiction
for two reasons. First, they argue that the Perlman doctrine, which permits a
claimant of a privilege to appeal a non-final judgment, applies ... 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 ... petition for a writ of mandamus; or an appeal of a
contempt citation.
The Perlman doctrine allows an intervenor to file an interlocutory appeal of
an order denying a motion
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209385.pdf
EFTA00209426Set 9
2014-04-1824p5,737w
this appeal for lack of jurisdiction
for two reasons. First, they argue that the Perlman doctrine, which permits a
claimant of a privilege to appeal a non-final judgment, applies ... 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 ... petition for a writ of mandamus; or an appeal of a
contempt citation.
The Perlman doctrine allows an intervenor to file an interlocutory appeal of
an order denying a motion
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209426.pdf
EFTA01072194Set 9
2013-06-1858p13,073w
THIS COURT HAS JURISDICTION OVER THE INTERVENORS'
APPEAL UNDER THE PERLMAN DOCTRINE.
44
EFTA01072237
The question of this Court's jurisdiction has been addressed in plaintiffs-
appellees' Motion to Dismiss ... this appeal under Perlman v. United States,
247 U.S. 7 (1918). "[U]nder the . . . Perlman doctrine, a discovery order directed at
a disinterested third party is treated as an immediately ... otherwise powerless to prevent the revelation"). The
requirements for application of the Perlman doctrine are satisfied in this case, and
this Court has jurisdiction of this appeal.
A. Mohawk Does
https://www.justice.gov/epstein/files/DataSet%209/EFTA01072194.pdf
EFTA01134321Set 9
2013-06-1858p13,086w
THIS COURT HAS JURISDICTION OVER THE INTERVENORS'
APPEAL UNDER THE PERLMAN DOCTRINE.
44
EFTA01134364
The question of this Court's jurisdiction has been addressed in plaintiffs-
appellees' Motion to Dismiss ... this appeal under Perlman v. United States,
247 U.S. 7 (1918). "[U]nder the . . . Perlman doctrine, a discovery order directed at
a disinterested third party is treated as an immediately ... otherwise powerless to prevent the revelation"). The
requirements for application of the Perlman doctrine are satisfied in this case, and
this Court has jurisdiction of this appeal.
A. Mohawk Does
https://www.justice.gov/epstein/files/DataSet%209/EFTA01134321.pdf
EFTA00209600Set 9
2013-06-2816p4,515w
Decision in Mohawk That Attorney-Client
Privilege Rulings are Not Immediately Appealable Limits the Perlman
Doctrine to Non-Litigants in a Case.
Contrary to Epstein's claim that privilege litigation ... reason Epstein could not take an appeal at the conclusion of
the case, the Perlman doctrine would still not allow Epstein to take an immediate, interlocutory
appeal for multiple reasons ... Privilege Holder.
The first hurdle that Epstein cannot clear is the fact that the Perlman doctrine applies to
claims of privilege, not other ancillary discovery or evidentiary issues
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209600.pdf
EFTA01143529Set 9
2013-06-2817p4,700w
Decision in Mohawk That Attorney-Client
Privilege Rulings are Not Immediately Appealable Limits the Perlman
Doctrine to Non-Litigants in a Case.
Contrary to Epstein's claim that privilege litigation ... reason Epstein could not take an appeal at the conclusion of
the case, the Perlman doctrine would still not allow Epstein to take an immediate, interlocutory
appeal for multiple reasons ... Privilege Holder.
The first hurdle that Epstein cannot clear is the fact that the Perlman doctrine applies to
claims of privilege, not other ancillary discovery or evidentiary issues
https://www.justice.gov/epstein/files/DataSet%209/EFTA01143529.pdf
EFTA01098146Set 9
2013-06-2817p4,747w
Decision in Mohawk That Attorney-Client
Privilege Rulings are Not Immediately Appealable Limits the Perlman
Doctrine to Non-Litigants in a Case.
Contrary to Epstein's claim that privilege litigation ... reason Epstein could not take an appeal at the conclusion of
the case, the Perlman doctrine would still not allow Epstein to take an immediate, interlocutory
appeal for multiple reasons ... Privilege Holder.
The first hurdle that Epstein cannot clear is the fact that the Perlman doctrine applies to
claims of privilege, not other ancillary discovery or evidentiary issues
https://www.justice.gov/epstein/files/DataSet%209/EFTA01098146.pdf
EFTA00583780Set 9
15p4,660w
case.
I. THE ELEVENTH CIRCUIT WILL HAVE JURISDICTION OVER THE
INTERVENORS' APPEAL UNDER THE PERLMAN DOCTRINE.
A. Mohawk Does Not Affect the Operation of the Perlman Doctrine in this Case ... which the plaintiffs rely do not support the proposition that appellate
review under the Perlman doctrine is not available to intervenors in this case. In Wilson v.
O'Brien ... decision in Krane,
concluding that the circumstances in Krane "support application of the Perlman doctrine
because, without the ability to raise the issue in an interlocutory appeal, Quellos
https://www.justice.gov/epstein/files/DataSet%209/EFTA00583780.pdf
EFTA00209567Set 9
2007-09-2428p5,531w
Immediately
Appealable Under Perlman.
In addition to limits that Mohawk places on the Perlman doctrine, the
doctrine itself does not allow Epstein to take an immediate, interlocutory appeal for
multiple ... EFTA00209586
The first hurdle that Epstein cannot clear is the fact that the Perlman
doctrine applies to claims of privilege, not other ancillary discovery or evidentiary
claims ... rules
governing the admissibility of evidence, Epstein obviously falls outside the
parameters of the Perlman doctrine. See, e.g., United States I Copar Pumice Co.,
Inc., 714 F.3d 1197, 1207 (10th
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209567.pdf
EFTA00209355Set 9
2007-09-2428p5,591w
Immediately
Appealable Under Perlman.
In addition to limits that Mohawk places on the Perlman doctrine, the
doctrine itself does not allow Epstein to take an immediate, interlocutory appeal for
multiple ... EFTA00209374
The first hurdle that Epstein cannot clear is the fact that the Perlman
doctrine applies to claims of privilege, not other ancillary discovery or evidentiary
claims ... rules
governing the admissibility of evidence, Epstein obviously falls outside the
parameters of the Perlman doctrine. See, e.g., United States v. Copar Pumice Co.,
Inc., 714 F.3d 1197, 1207 (10th
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209355.pdf
EFTA01128707Set 9
2013-07-0228p5,886w
Immediately
Appealable Under Perlman.
In addition to limits that Mohawk places on the Perlman doctrine, the
doctrine itself does not allow Epstein to take an immediate, interlocutory appeal for
multiple ... first hurdle that Epstein cannot clear is the fact that the Perlman
doctrine applies to claims of privilege, not other ancillary discovery or evidentiary
claims. See, e.g., In re Grand ... rules
governing the admissibility of evidence, Epstein obviously falls outside the
parameters of the Perlman doctrine. See, e.g., United States v. Copar Pumice Co.,
Inc., 714 F.3d 1197, 1207 (10th
https://www.justice.gov/epstein/files/DataSet%209/EFTA01128707.pdf
EFTA00583454Set 9
13p3,972w
case.
I. THE ELEVENTH CIRCUIT WILL HAVE JURISDICTION OVER THE
INTERVENORS' APPEAL UNDER THE PERLMAN DOCTRINE.
A. Mohawk Does Not Affect the Operation of the Perlman Doctrine in this Case ... which the plaintiffs rely do not support the proposition that appellate
review under the Perlman doctrine is not available to intervenors in this case. In Wilson v.
O'Brien ... decision in Krane,
concluding that the circumstances in Krane "support application of the Perlman doctrine
because, without the ability to raise the issue in an interlocutory appeal, Quellos
https://www.justice.gov/epstein/files/DataSet%209/EFTA00583454.pdf