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Civil Procedure Keyed to Erichson
Mohawk Industries v. Carpenter
Citation:
558 U.S. 100 (2009)Facts
Carpenter (Plaintiff) sued his former employer, Mohawk Industries, Inc. (Defendant), claiming he was fired under false pretenses after informing human resources that the company was employing undocumented workers. When Carpenter met with human resources, Mohawk was already involved in a lawsuit in which it was accused of hiring undocumented workers in violation of federal and state racketeering laws. During discovery, Carpenter filed a motion to compel disclosure of a conversation between himself and Mohawk’s corporate attorney after he had met with human resources. Carpenter alleged that in this conversation, the attorney attempted to induce him to rescind his statement about the company. However, Mohawk argued that the conversation was protected under the attorney-client privilege. The district court granted the plaintiff’s motion to compel. Mohawk filed an appeal, challenging the court’s order granting the motion. The court of appeals dismissed the appeal under 28 U.S.C. § 1291, ruling that the decision did not qualify as a collateral order that could be appealed immediately.
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