Monday, November 28, 2005

Appeal Dismissed in Loud v. Does

The appeal of "Jane Doe" from Judge Sweet's handwritten order denying her motion to quash has been dismissed by the United States Court of Appeals for the Second Circuit.

The Court ruled that the order appealed from comes within none of the exceptions to the general rule that orders enforcing subpoenas are not final and therefore not appealable.

Order dismissing appeal
(Alternate link)


As one of the attorneys for Jane Doe, I disagree. This was a unique kind of order, in that it was a subpoena to reveal someone's identity. If it is not appealable by the person whose identity is to be revealed, then it can never be reviewed on appeal.

I think the appeals court made a mistake, lumping this together with appeals from other types of non-final orders.

We are looking into the feasibility of moving for a rehearing.


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