Rosner v. United States, No. 19-687 (2d Cir. 2020)
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The Second Circuit dismissed this interlocutory appeal for lack of jurisdiction. At issue is whether a party to a litigation may immediately appeal a non-final disclosure order adverse to his psychotherapist-patient privilege.
The court held that the availability of a post-judgment appeal, along with various other potential avenues for review, suffices to protect the litigant's rights and ensures the vitality of the privilege. Therefore, the court held that this non-final order falls within neither the collateral order doctrine nor the exception to finality created by Perlman v. United States, 247 U.S. 7 (1918).
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