Sunday, September 27, 2009
Civil procedure will make a "First Monday" appearance in Mohawk Industries, Inc. v. Carpenter (No. 08-678). The question presented is:
Whether a party has an immediate appeal under the collateral order doctrine, as set forth in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949), of a district court's order finding waiver of the attorney-client privilege and compelling production of privileged materials.
Brief for Petitioner (Defendant)
Brief for Respondent (Plaintiff)
Reply Brief for Petitioner (Defendant)
There are also several amicus briefs. On the petitioner's side, see briefs by the ABA, US Chamber of Commerce, and DRI-The Voice of the Defense Bar. On the respondent's side, see briefs by the Solicitor General and by Former Article III Judges and Law Professors.
For more detailed information, see SCOTUS Blog's argument preview and wiki on the case.
For my own thoughts on the collateral order doctrine (and the appealability of interlocutory orders more generally), see Reinventing Appellate Jurisdiction, 48 Boston College L. Rev. 1237 (2007).