Tag Archives: Interlocurtory appeal

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 Accepts Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(b)

Interlocutory appeals under 28 U.S.C. § 1292(b) are granted “sparingly and only in exceptional cases.”  See e.g. In re City of Memphis, 293 F.3d 345, 350 (6th Cir. 2002).  But this month the Sixth Circuit accepted just such an appeal. In Community Trust Bancorp., Inc., v. Community Trust Financial Corporation, et al., No. 10-cv-00062.pdf, which … 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