The Federalist Society

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

SCOTUScast 03-09-2010 featuring Paul Stancil

March 9, 2010

Paul J. Stancil

To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.

  Mohawk Industries v. Carpenter - Post-Decision SCOTUScast - MP3
Running Time: 00:12:38

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.

[Return to the SCOTUScast menu]

Related Links

Oral Argument Transcript – October 5, 2009 (PDF)
Opinion – December 8, 2009 (PDF)

The Federalist Society