Attys Hope Mohawk Case Clarifies Privilege Appeals

By Erin Marie Daly

Law360, New York (September 10, 2009, 6:25 PM ET) -- Lawyers looking for guidance amid a circuit court split on the question of whether a party may immediately appeal a discovery order to disclose materials said to be covered by the attorney-client privilege are eagerly anticipating upcoming oral arguments before the U.S. Supreme Court in Mohawk Industries v. Carpenter.

The high court is set to hear arguments in the case Oct. 5. The U.S. Court of Appeals for the Eleventh Circuit upheld a decision last year granting former Mohawk employee Norman Carpenter’s motion to compel disclosure...
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