Interlocutory Appeal Not Available for Inadvertent Disclosure
Truckstop.net, LLC v. Sprint Corp., 547 F.3d 1065, (9th Cir.(Idaho) Oct 28, 2008) (NO. 07-35123)
Interlocutory appeal was filed under the collateral order rule arguing that the trial court ruling on attorney-client privilege of inadvertently disclosed email. An order is immediately appealable under “collateral order” doctrine when it: (1) conclusively determines a disputed question; (2) resolves an important issue completely separate from merits of action; and (3) is effectively unreviewable on appeal from final judgment.
The court reasoned that once the claimed privileged material is disclosed the alleged irreparable harm has occurred. Thus the third element of the test is not met. The alleged error is reviewable on appeal.
Wouldn’t it be better to add “irreparable harm” as a fourth element to the test for a collateral order?
Interlocutory appeal was filed under the collateral order rule arguing that the trial court ruling on attorney-client privilege of inadvertently disclosed email. An order is immediately appealable under “collateral order” doctrine when it: (1) conclusively determines a disputed question; (2) resolves an important issue completely separate from merits of action; and (3) is effectively unreviewable on appeal from final judgment.
The court reasoned that once the claimed privileged material is disclosed the alleged irreparable harm has occurred. Thus the third element of the test is not met. The alleged error is reviewable on appeal.
Wouldn’t it be better to add “irreparable harm” as a fourth element to the test for a collateral order?
posted by John J. Tollefsen at
11:43 AM
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