Monday, May 06, 2013

Tenth Circuit -- United States v. Copar Pumice Company

Post-judgment appeal suffices for review of privilege claim.

As Petitioner is a party to the present civil action, no review is possible under non-party protective privilege (Perlman) doctrine.

No review under pragmatic finality doctrine, as the issue is insufficiently final, in a pragmatic sense.

Given alternate avenues of redress, Mandamus not warranted.

United States v. Copar Pumice Company
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.