In Pernell v. Andrade, No. 23-10616 (11th Cir. Oct. 30, 2023), a 2-1 panel reverses a district court’s order enforcing subpoenas against legislators in an action challenging the constitutionality of Florida’s “Stop W.O.K.E. Act,” with the panel dividing over whether the legislator privilege is absolute or to some degree qualified by “important federal interestes.” “InContinue reading “Split Eleventh Circuit Panel Holds That Legislator Privilege Is Absolute Immunity From Discovery in Civil Action”
Tag Archives: Subpoena
Fifth Circuit Grants Mandamus to Quash Subpoena of State Attorney General’s Testimony Until Sovereign Immunity Issue Is Decided
In In re Ken Paxton, No. 22-50882 (5th Cir. Nov. 14, 2022), the panel grants a writ of mandamus directing that the district court quash a subpoena of Texas Attorney General Paxton until the judge decides whether he should be dismissed from the action owing to sovereign immunity. The underlying lawsuit challenged the potential extraterritorialContinue reading “Fifth Circuit Grants Mandamus to Quash Subpoena of State Attorney General’s Testimony Until Sovereign Immunity Issue Is Decided”
Appellate Jurisdiction Lacking Over Appeal of Denial of Motion to Quash Grand Jury Subpoena Where Documents Are Not Claimed to Be Privileged, Holds Ninth Circuit
In In re Grand Jury Investigation, No. 19-10187 (9th Cir. July 27, 2020), the Ninth Circuit considers the scope of Perlman v. United States, 247 U.S. 7 (1918), which provides an exception to the general rule that denials of motions to quash grand jury subpoenas are not final and appealable orders. The grand jury, investigatingContinue reading “Appellate Jurisdiction Lacking Over Appeal of Denial of Motion to Quash Grand Jury Subpoena Where Documents Are Not Claimed to Be Privileged, Holds Ninth Circuit”
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