//How Mohawk Will Affect Litigation

How Mohawk Will Affect Litigation

Law360, New York (February 04, 2010) — Here are two sentences lawyers would be happy never to read in an order directed to their clients: “The attorney-client privilege has been vitiated. Produce previously protected communications.”

Harsh consequences can radiate out from such words like ripples in a pond: litigation strategy may be revealed; embarrassing, damaging — and often irrelevant — discussions will be viewed and probably used by the opposing party; and lawyers will become deponents.

The initial reaction of any lawyer and client is likely, “Can we appeal and stay the order of production?” For a number of years, the answer to this question was, “It depends on the circuit.” Now, the answer is more simply “No.”

Last month, the U.S. Supreme Court, in Mohawk Industries Inc. v. Carpenter, resolved a circuit split by holding that orders ruling against claims of attorney-client privilege are not immediately appealable under the collateral order doctrine.

Read the entire article.

By |2018-01-03T22:46:57+00:00January 3rd, 2018|Uncategorized|0 Comments

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Client Results

National trial counsel for a large U.S. manufacturer of household fixtures; have represented the company in numerous wrongful death and brain injury suits.

Regulatory counsel for clients involved in proceedings before the Consumer Products Safety Commission (CPSC) concerning safety standards, ongoing and completed recalls, and accident investigations.

Represented a manufacturer in proceedings before the National Highway Traffic Safety Administration (NHTSA); after eight months of submissions, NHTSA determined there was no evidence of defect and denied a recall petition.

Overturned on appeal, before a state supreme court, a jury verdict of $150,000,000.

Argued and won an appeal before the 11th Circuit, preserving a trial victory for a Fortune 50 company.

Obtained summary judgment in a wrongful death case, seeking eight figures in damages, for a Fortune 500 client.

In a mass tort representation for a healthcare client, obtained “no pay” dismissals by motion and by negotiation of all thirteen cases pending in western Pennsylvania.

Tried a multi-week wrongful death case and received from plaintiffs’ counsel — the day before closings were to begin — a stipulation of dismissal.

Served as national coordinating counsel for two Fortune 100 companies jointly defending more than 55,000 asbestos claims; also served those clients both as national motions counsel and as trial counsel.

Won a multi-week jury trial in federal court for the largest petrochemical company in the world.