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.