Mohawk Industries, Inc. v. Carpenter
Encyclopedia
Mohawk Industries, Inc. v. Carpenter, No. 08-678
(2009), was a 2009 case in which the Supreme Court of the United States
held that disclosure orders adverse to attorney-client privilege
do not qualify for immediate appeal under the collateral order doctrine.
This opinion is notable, as being the first Supreme Court opinion authored by Justice Sonia Sotomayor
. In addition, this is the first time a Supreme Court opinion used the term "undocumented immigrant
" - the term "illegal immigrant
" having appeared in a dozen earlier opinions.
Carpenter filed suit in the U.S. District Court for the Northern District of Georgia, which granted his motion to compel Mohawk to produce information regarding Carpenter’s meeting with the Mohawk lawyer, finding that the company had waived the privilege of attorney-client confidentiality. The U.S. Court of Appeals for the 11th Circuit affirmed, and the U.S. Supreme Court granted certiorari to resolve a conflict amongst the circuit courts of appeals.
, 337 U.S. 541, a party may immediately appeal a district court order if it: 1) conclusively determines the disputed issue; 2) resolves an important issue completely separate from the merits of the action; and 3) is effectively unreviewable on appeal from a final judgment.
The Court also reasoned that the possibility of a disclosure order and a delayed potential appeal is unlikely to interfere with attorney-client communications.
The Court noted that parties subject to an adverse disclosure order regarding attorney-client privilege have other options besides a collateral order appeal, such as the certification and acceptance of an interlocutory appeal under 28 U.S.C. Section 1292(b), petitioning for a writ of mandamus, or by defying the order and incurring court-imposed sanctions such as a contempt of court citation which is immediately appealable.
The Court predicted that including privilege-related disclosure orders within the category of collateral orders would not justify the institutional cost, because it would delay the resolution of cases in the district courts and would unnecessarily burden the Courts of Appeals.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2009), was a 2009 case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that disclosure orders adverse to attorney-client privilege
Attorney-client privilege
Attorney–client privilege is a legal concept that protects certain communications between a client and his or her attorney and keeps those communications confidential....
do not qualify for immediate appeal under the collateral order doctrine.
This opinion is notable, as being the first Supreme Court opinion authored by Justice Sonia Sotomayor
Sonia Sotomayor
Sonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
. In addition, this is the first time a Supreme Court opinion used the term "undocumented immigrant
Illegal immigration
Illegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
" - the term "illegal immigrant
Illegal immigration
Illegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
" having appeared in a dozen earlier opinions.
Question Presented
Do disclosure orders adverse to the attorney-client privilege qualify for immediate appeal under the collateral order doctrine?Facts and Procedural History
Norman Carpenter, a Mohawk shift supervisor, had e-mailed Mohawk’s human resources department, claiming that the company was employing undocumented immigrants. Carpenter was directed to meet with a lawyer representing the company, who allegedly pressured Carpenter to recant his statements. Carpenter alleged that he was terminated when he failed to do so.Carpenter filed suit in the U.S. District Court for the Northern District of Georgia, which granted his motion to compel Mohawk to produce information regarding Carpenter’s meeting with the Mohawk lawyer, finding that the company had waived the privilege of attorney-client confidentiality. The U.S. Court of Appeals for the 11th Circuit affirmed, and the U.S. Supreme Court granted certiorari to resolve a conflict amongst the circuit courts of appeals.
Rule
Under Cohen v. Beneficial Industrial Loan Corp.Cohen v. Beneficial Industrial Loan Corp.
Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 , was a case decided by the United States Supreme Court in the wake of the decision in Guaranty Trust Co. v...
, 337 U.S. 541, a party may immediately appeal a district court order if it: 1) conclusively determines the disputed issue; 2) resolves an important issue completely separate from the merits of the action; and 3) is effectively unreviewable on appeal from a final judgment.
Analysis
The Court agreed with the Court of Appeals, that the third prong of the Cohen requirements is not met, because there are adequate remedies available upon an appeal from a final judgment where there was a discovery order adverse to attorney-client privilege. Although the Court acknowledged the importance of the attorney-client privilege, it reasoned that there are many other important rights that litigants must wait to vindicate until after the entry of final judgment. Appellate courts can remedy improper disclosure of privileged materials the same way erroneous evidentiary rulings are remedied: by vacating judgment and remanding the matter back to the district court for a new trial in which the protected material and its fruits are excluded.The Court also reasoned that the possibility of a disclosure order and a delayed potential appeal is unlikely to interfere with attorney-client communications.
The Court noted that parties subject to an adverse disclosure order regarding attorney-client privilege have other options besides a collateral order appeal, such as the certification and acceptance of an interlocutory appeal under 28 U.S.C. Section 1292(b), petitioning for a writ of mandamus, or by defying the order and incurring court-imposed sanctions such as a contempt of court citation which is immediately appealable.
The Court predicted that including privilege-related disclosure orders within the category of collateral orders would not justify the institutional cost, because it would delay the resolution of cases in the district courts and would unnecessarily burden the Courts of Appeals.