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Civil Procedure Keyed to Erichson
Mohawk Industries v. Carpenter
Citation:558 U.S. 100 (2009)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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