Tag Archives: appellate jurisdiction

Discretionary Review at the Sixth Circuit

As we recently reported here and here, the Sixth Circuit has just granted discretionary interlocutory review in two separate cases under 28 U.S.C. §1292(b).  To say that this is unusual would be an understatement.  The Sixth Circuit very rarely grants discretionary review under §1292(b) which permits an appellate court to accept jurisdiction only if a … Continue Reading

Sixth Circuit Sheds Light on Appealability of Privilege Issues Post-Mohawk

The Sixth Circuit released its first opinion interpreting the impact of Mohawk Industries, Inc. v. Carpenter, — U.S. — , 130 S. Ct. 599, 175 L. Ed. 2d 458 (2009).pdf, on an interlocutory appeal from an order compelling production of attorney-client communications between a party and its former attorney.   Holt-Orsted v. City of Dickson, 641 F.3d 230 (2011).pdf, eliminates  certain pre-Mohawk exceptions to … Continue Reading

New and Interesting Sixth Circuit Appeals

We are now beginning to highlight new appeals that might impact business interests.  We will continue to monitor these cases as they progress. Derrick Gray v. Wells Fargo (No. 11-1495).  This bankruptcy appeal presents intriguing issues of appellate jurisdiction.  The bankruptcy court ordered Wells Fargo to submit to a Rule 2004 examination regarding the reasonableness … Continue Reading