· 1/31/2017
Bell v. Angah
Citations
- 2017 NY Slip Op 613
- 146 A.D.3d 734
- 45 N.Y.S.3d 471
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that a non-party state agency ordinarily must defy a subpoena and incur a contempt order to perfect an appeal
- predicting that the district court's ruling might increase the likelihood of recurrence
- noting \heightened federalism concerns\ as a factor weighing in favor of exercising advisory mandamus jurisdiction over a state government's claim of privilege
- finding a likelihood of repetition based on \the fact that multiple circuits have already weighed in on the subject\
- declining to adopt Ryan’s rule, but suggesting that, under circumstances analogous to this case, the court would consider applying Ryan’s categorical bar to the state’s assertion of privilege
- “[W]hen the federal grand jury is investigating potential crimes that state officials . . . may have committed,” an overly-broad application of the privilege may operate to “facilitate[e] rather than deter[] crime.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Friedman, Renwick, Saxe, Gische
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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