U.S. Supreme Court

Case Status


Docket Number



2009 Term

Oral Argument Date

October 05, 2009


Questions Presented

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.

Case Updates

Supreme Court rejects right to immediate appeal of attorney-client privilege decisions

December 08, 2009

The Supreme Court held that there is no right to immediate appeal of an order denying attorney-client privilege protection.

U.S. Chamber files amicus brief on the merits

May 04, 2009

After a former Mohawk Industries employee filed a wrongful termination suit, a court ordered Mohawk to provide documentation supporting the company’s decision process. NCLC urged the Supreme Court to review this case to hold that judicial orders requiring disclosure of materials claimed to be attorney-client-privileged should be immediately appealable. NCLC argued that the risk of undermining the attorney-client privilege if appeal is not permitted substantially outweighs any concerns about piecemeal litigation or judicial efficiency.

Case Documents