Once in a while, a trial judge makes a mistake that will do irreparable damage unless it is fixed immediately. That is one rationale behind the "collateral order doctrine," a narrow exception to the final judgment rule that allows U.S. appeals courts to review certain trial court decisions before final judgment. It is time the Supreme Court added decisions denying claims of attorney-client privilege to the list of immediately appealable orders — something it can do this term in Carpenter v. Mohawk Industries.
Allow prompt appeals
The National Law Journal
April 13, 2009
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