Commercial Litigation and Arbitration

Supreme Court to Decide Whether Discovery Order Holding Privilege Waived Is Immediately Appealable as a Collateral Order

On October 5, 2009, the Supreme Court will hear argument in Mohawk Industries, Inc. v. Carpenter (08-678) to resolve the Circuit split as to whether a district court discovery order finding that the attorney-client privilege has been waived is immediately appealable as a collateral order. The Cornell synopsis of the issue can be found at http://topics.law.cornell.edu/supct/cert/08-678.

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