On the first day of its fall term, the Court heard hour-long arguments (See Transcript) 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?
Mohawk asserts that if it cannot appeal right away, the damage of disclosure will be done, and the privilege will be weakened to the detriment of the legal system.
