Life After Mohawk: Protecting the Privilege in Ohio

    November 2011

    Squire Sanders lawyers J. Philip Calabrese and Trevor G. Covey co-authored the article “Life After Mohawk: Protecting the Privilege in Ohio,” which was published in the November/December 2011 edition of Ohio Lawyer. Phil and Trevor discuss application of Ohio’s interlocutory appeal statute in the wake of the US Supreme Court’s decision in Mohawk Industries v. Carpenter. In Mohawk, the Court resolved a circuit split by holding that a party may not immediately appeal an order compelling production of privileged information. According to Phil and Trevor, there are compelling reasons to conclude that Ohio’s statute, which includes interlocutory appellate review as one substantive protection afforded to privilege, will continue to apply in diversity actions in Ohio despite Mohawk.

    This article is from Ohio Lawyer (November/December 2011), Vol. 25, No. 6 and is reprinted with permission from the publisher.