Mohawk Industries, Inc. v. Carpenter – Post-Decision SCOTUScast

SCOTUScast 03-09-2010 featuring Paul Stancil
Featuring Paul J. Stancil
March 09, 2010

On December 8, 2009, the Supreme Court announced its decision in Mohawk Industries v. Carpenter. In this case, the Court considered whether a party may immediately appeal a discovery order to disclose materials said to be covered by the attorney-client privilege. In a 9-0 decision delivered by Justice Sotomayor, the Court held that disclosure orders that are adverse to the attorney-client privilege do not qualify for immediate appeal under the collateral order doctrine. The Court reasoned that post-judgment appeals, along with other review mechanisms, were sufficient to protect the rights of litigants. Justice Thomas filed a separate opinion; he concurred in part and concurred in the judgment.

To discuss the case, we have University of Illinois College of Law Professor Paul Stancil.

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