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Mohawk Industries, Inc. v. Carpenter

United States Supreme Court

558 U.S. 100 (2009)

Relevant factsFree

Norman Carpenter, an employee of Mohawk Industries (defendant), was terminated after reporting his belief that Mohawk employed undocumented workers, allegedly after Mohawk's counsel in a separate class action pressured him to retract the statement. Carpenter sued Mohawk over his termination, and once the class-action plaintiffs learned of his claims, they sought and obtained an evidentiary hearing where Mohawk testified about the termination. Carpenter then sought an order compelling disclosure of attorney-client privileged information related to that testimony; the district court granted the motion, Mohawk appealed, and the court of appeals dismissed the appeal for lack of jurisdiction, holding the order was not an immediately appealable collateral order.

IssueFree

Whether deferring review of an order adverse to the attorney-client privilege until final judgment so threatens the privilege that such orders should be immediately appealable under the collateral order doctrine.

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