The Seventh Circuit today turned back Whirlpool's effort to stop the hand-over of documents it claimed fell within its attorney-client privilege. The panel noted that, in Mohawk Indus., Inc. v. Carpenter, 130 S. Ct. 599 (2009) (post here), the Court barred appeals from pretrial orders that breached a claim of privilege. The panel also
collateral order
Supremes Bar Right to Test Order That Strips Privilege; Sotomayor Pens Her First Opinion
By Barry Barnett on
Congress allows appeals from "final" judgments but seldom other kinds. 28 U.S.C. 1291. An order that rejects most but not all claims on a motion to dismiss, for instance, doesn't count as final. (One to stand while speaking in court or to wear a yellow tie doesn't either.) But what if the ruling requires you to give…