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Justices focus on attorney-client privilege

The National Law Journal

October 5, 2009

On Oct. 5, the first day of its fall term, the Court heard hourlong arguments in Mohawk Industries Inc. v. Carpenter, which asks when a party can appeal a judge's finding that it has waived the privilege in an order releasing material for discovery. Can such an order be appealed before the trial proceeds, as an interlocutory appeal, or only after "final judgment," when the trial is over?

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