Wilson v. O’Brien

Ct. of Appeals lacked jurisdiction over interlocutory appeals filed by plaintiff and by non-litigant deponent, who appeared at parties’ deposition and initially refused to answer certain questions by invoking attorney-work product, but eventually answered said questions after Dist. Ct. directed him to do so. Non-litigant’s appeal was moot once he complied with Dist. Ct.’s directive, and privilege, if there is one, belonged to plaintiff under circumstances of case. Moreover, under Mohawk Industries, 130 S.Ct. 599, collateral-order doctrine does not support any interlocutory appeal by plaintiff to resolve instant evidentiary privilege issue since Sup. Ct. found that said issue can be resolved in appeal from final order in case.