Understanding Mohawk Industries V. Carpenter

Law360, New York (January 13, 2010, 11:39 AM EST) -- On Dec. 8, 2009, in Mohawk Industries Inc. v. Carpenter,[1] the Supreme Court of the United States unanimously held, in Associate Justice Sonia Sotomayor’s first opinion, that orders compelling the disclosure of attorney-client privileged material are not immediately appealable as of right.

Affirming the Eleventh Circuit’s dismissal of the appeal for lack of jurisdiction, the court held that such orders did not qualify as practically final so as to be immediately appealable under the collateral order doctrine.

In siding with the majority rule in the circuit...
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