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SCOTUS cert. grant: Appealability of order of production on a claim of attorney-client privilege

By John Wesley Hall, Jr.

SCOTUS cert grant, from Willamette School of Law: Mohawk Industries, Inc. v. Carpenter Certiorari granted: 1/26/09 No. 08-678 Court Below: 541 F.3d 1048 (11th Cir. 2008) ATTORNEY-CLIENT PRIVILEGE (Whether a party can immediately appeal a lower court’s decision compelling the production of privileged documents based on a finding of waiver of the attorney-client privilege) Carpenter (Respondent), an employee of Mohawk Industries, Inc. (Petitioner), alleged that Petitioner was involved in hiring undocumented workers. Respondent was subsequently fired and alleged that the firing was based on a conspiracy to keep him from testifying in a separate, pending case. The plaintiffs in the collateral case sought to compel the testimony of counsel for Petitioner in regard to the internal investigation he had conducted...continue to full post

Full post as published by Law Of Criminal Defense on January 27, 2009 (boomark / email).