Mohawk Industries, Inc. v. Carpenter (2009)
- Docket
- 08-678
- Decided
- 2009-01-01
Summary
Question: Is an order for discovery involving attorney-client privilege eligible for immediate appeal under the Supreme Court's decision in Cohen v. Beneficial Industrial Loan Corp. ? Conclusion: No. The Supreme Court held that disclosure orders that are adverse to the attorney-client privilege do not qualify for immediate appeal under the collateral order doctrine. With Justice Sonia Sotamayor writing for the majority and joined by Chief Justice John G. Roberts, John Paul Stevens, Antonin G. Scalia, Anthony M. Kennedy, Ruth Bader Ginsburg, Stephen G. Breyer, and Samuel A. Alito, the Court reasoned that postjudgment appeals, "together with other review mechanisms," suffice to protect the rights of litigants. Justice Clarence Thomas filed a separate opinion, concurring in part and concurring in the judgment. He argued that the Eleventh Circuit should have been affirmed on the ground that any "avenue for immediate appeal" should be left to the "rulemaking process." Instead, the Court "subordinated what the appellate jurisdiction statute says to what the Court thinks is a good idea."