In Re Air Crash At Belle Harbor, New York On November 12, 2001.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[T]he Perlman exception is relevant only to appeals brought by the holder of a privilege where the disputed subpoena is directed at someone else.”
• “[T]he holder of an asserted privilege may immediately appeal the enforcement of a subpoena when the subpoena is directed at another person who does not object to providing the testimony or documents at issue.”
• “To obtain appellate review, the subpoenaed person ordinarily must defy the district court’s enforcement order, be held in contempt, and then appeal the contempt order, which is regarded as final under [section] 1291.” (internal quotation marks omitted)
• “[T]he remedy of the party witness wishing to appeal is to refuse to answer and subject himself to criminal contempt.” (quoting Nat’l Super Spuds, Inc. v. N.Y. Mercantile Exch., 591 F.2d 174, 177 (2d Cir. 1979) (Friendly, J.)
• describing the “Perlman Exception” to the contempt requirement
• contempt orders regarded as final and appealable

Source: CourtListener parenthetical corpus (CC0).