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US v. Krane, No. 10-30247

By FindLaw Staff on October 31, 2010 3:20 PM

Appeal From Order Compelling Compliance in Criminal Appeal

In US v. Krane, No. 10-30247, intervenor's appeal from the district court's order compelling intervenor's former counsel to comply with a pretrial subpoena duces tecum issued in anticipation of the criminal trial of two former executives of intervenor, the court dismissed the appeal as moot where to fashion "effectual relief" in this case, the court would have to assess the effectiveness of a Fed. R. Crim. P. 17 pretrial subpoena as against allegations of privilege when there would be no trial.

As the court wrote:  "This interlocutory appeal presents, inter alia, the question of whether the Perlman rule survives Mohawk Industries, Inc. v. Carpenter, 130 S.Ct. 599 (2009). Under these circumstances, we conclude that it does, and that we have jurisdiction over this appeal. However, we also conclude that there is no longer a justiciable controversy at issue, and we dismiss the appeal as moot."

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