Decided
Mohawk Industries, Inc. v. Carpenter
Holding
An order requiring the disclosure of information protected (arguably) by the attorney client privilege is not immediately appealable under the collateral order doctrine.
Judgment
Affirmed, 9-0, in an opinion by Sonia Sotomayor on Aug 12, 2009.
Merits Briefs
- Brief for Petitioner Mohawk Industries, Inc.
- Brief for Respondent Norman Carpenter
- Reply Brief for Petitioner Mohawk Industries, Inc.
Amicus Briefs
- Brief for the American Bar Association in Support of Petitioner
- Brief for the Chamber of Commerce of the United States of America in Support of Petitioner
- Brief for DRI-The Voice of the Defense Bar in Support of Petitioner
- Brief for the United States of America in Support of Respondent
- Brief for Former Article III Judges and Law Professors in Support of Respondent
Links and Further Information
Media Coverage
- National Law Journal: Allow Prompt Appeals (Apr. 13, 2009)
- National Law Journal: High Court Debates Value of Attorney-Client Privilege (Oct. 6, 2009)
- ABC News: Sotomayor Delivers First Court Opinion of New Term (Dec. 8, 2009)
- Associated Press: Sotomayor Delivers First Court Opinion of New Term (Dec. 8, 2009)
- MSNBC: Sotomayor Issues First SCOTUS Opinion (Dec. 8, 2009)
- New York Times: Sotomayor Draws Retort from a Fellow Justice (Dec. 8, 2009)
From the Blogosophere
- Law.com: Big Names Weigh In on Attorney-Client Privilege Issue (Jul. 29, 2009)
- Blog of Legal Times: Sotomayor Announces Her First Opinion on Busy Day at Supreme Court (Dec. 8, 2009)
- JURIST: Supreme Court Rules No Immediate Right to Appeal Disclosure Orders (Dec. 8, 2009)
- Concurring Opinions: Justice Sotomayor, Civil Procedure, and the “Tradition”? of Unanimous Debut Opinions (Dec. 9, 2009)
- The Volokh Conspiracy: A Tradition Of Unanimity For Debut Supreme Court Opinions? (Dec. 10, 2009)
Nov 20, 2008Petition for a writ of certiorari filed. (Response due December 24, 2008)
Dec 23, 2008Brief of respondent Norman Carpenter in opposition filed.
Jan 6, 2009Reply of petitioner Mohawk Industries, Inc. filed. (Distributed)
Jan 7, 2009DISTRIBUTED for Conference of January 23, 2009.
Jan 26, 2009Petition GRANTED.
Feb 13, 2009The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including April 13, 2009.
Apr 10, 2009The time within which to file the joint appendix and petitioner's brief on the merits is further extended to and including April 27, 2009.
Apr 27, 2009Joint appendix filed. Statement of costs received.
Apr 27, 2009Brief of petitioner Mohawk Industries, Inc. filed.
May 4, 2009Brief amicus curiae of DRI - Voice of the Defense Bar filed.
May 4, 2009Brief amicus curiae of American Bar Association filed.
May 4, 2009Brief amicus curiae of Chamber of Commerce of the United States of America filed.
May 6, 2009The time within which to file respondent's brief on the merits is extended to and including June 26, 2009.
Jun 23, 2009The time within which to file respondent's brief on the merits is further extended to and including July 6, 2009.
Jul 6, 2009Brief of respondent Norman Carpenter filed.
Jul 13, 2009Brief amicus curiae of United States filed.
Jul 13, 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 13, 2009Brief amici curiae of Former Article III Judges and Law professors filed.
Jul 16, 2009SET FOR ARGUMENT ON Monday, October 5, 2009.
Jul 17, 2009CIRCULATED.
Aug 5, 2009Reply of petitioner Mohawk Industries, Inc. filed. (Distributed)
Aug 17, 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 1, 2009Record received from U.S.C.A. for 11th Circuit. (1 Box)
Oct 5, 2009Argued. For petitioner: Randall L. Allen, Atlanta, Ga. For respondent: Judith Resnik, New Haven, Conn.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
Oct 19, 2009Letter, dated October 15, 2009, received from counsel for the respondents. (Distributed).
Dec 8, 2009Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Scalia, Kennedy, Ginsburg, Breyer, and Alito, JJ., joined, and in which Thomas, J., joined, as to Part II-C. Thomas, J., filed an opinion concurring in part and concurring in the judgment.
Jan 11, 2010JUDGMENT ISSUED.
Recommended Citation: Mohawk Industries, Inc. v. Carpenter, SCOTUSblog, https://www.scotusblog.com/cases/mohawk-industries-inc-v-carpenter/