Third Circuit Restricts Interlocutory Appeals Of Unfavorable Privilege Rulings

Appellate courts traditionally allowed several options for seeking interlocutory appeals of trial court rulings ordering the disclosure of privileged communications or documents. Those courts recognized the "cat out of the bag" impact of such rulings, which usually cannot be fully remedied in a normal post-trial appeal. However, in 2009 the United States Supreme Court signaled disapproval of such interlocutory appeals, by eliminating the "collateral order" type of interlocutory appeals on...