Attorneys and judges are perhaps more familiar than anyone with the value and importance of the attorney-client privilege. Among other things, the attorney-client privilege and the related work-product doctrine may protect certain information from disclosure to one’s adversary in litigation. But what if a trial judge rejects a party’s claim that information should be protected from disclosure under the attorney-client privilege or work-product doctrine? What appellate review, if any, can be immediately obtained?
In 2009, the U.S. Supreme Court issued a decision in a case captioned Mohawk Industries Inc. v. Carpenter , holding that a federal district court’s rejection of a party’s argument that information is privileged from disclosure to the opposing party under the attorney-client privilege is not subject to immediate interlocutory appeal under the so-called collateral order doctrine. In so ruling, the U.S. Supreme Court disagreed with a 3rd U.S. Circuit Court of Appeals ruling from 1997 in a case captioned In re Ford Motor Co.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
