mohawk industries carpenter argued october decided december respondent norman carpenter informed human resources department employer petitioner mohawk industries company employed undocumented immigrants unaware mohawk stood accused pending class action williams case conspiring drive legal employees wages knowingly hiring undocumented workers mohawk directed carpenter meet company retained counsel williams allegedly pressured carpenter recant statements refused carpenter maintains unlawful termination suit mohawk fired false pretenses granting carpenter motion compel mohawk produce information concerning meeting retained counsel company termination decision district agreed mohawk requested information protected privilege concluded mohawk implicitly waived privilege disclosures williams case declined certify order interlocutory appeal eleventh circuit dismissed mohawk appeal lack jurisdiction holding inter alia district ruling qualify immediately appealable collateral order cohen beneficial industrial loan discovery order implicating privilege adequately reviewed appeal final judgment held disclosure orders adverse privilege qualify immediate appeal collateral order doctrine pp courts appeals jurisdiction appeals final decisions district courts final decisions encompass judgments terminate action also small class prejudgment orders collateral action merits important denied immediate review cohen supra small category includes decisions effectively unreviewable appeal final judgment underlying action swint chambers county decisive consideration determining whether right effectively unreviewable whether delaying review entry final judgment imperil substantial public interest particular value high order hallock making determination engage individualized jurisdictional inquiry coopers lybrand livesay focuses entire category claim belongs digital equipment desktop direct class claims taken whole adequately vindicated means chance litigation hand might speeded injustic averted provide basis jurisdiction ibid pp effective appellate review disclosure orders adverse privilege means collateral order appeal including postjudgment review appellate courts remedy improper disclosure privileged material way remedy host erroneous evidentiary rulings vacating adverse judgment remanding new trial protected material fruits excluded evidence moreover litigants confronted particularly injurious novel privilege ruling several potential avenues immediate review apart collateral order appeal first party may ask district certify appeals accept interlocutory appeal involving controlling question law prompt resolution may materially advance ultimate termination litigation second extraordinary circumstances disclosure order works manifest injustice party may petition appeals writ mandamus cheney dist another option party defy disclosure order incur sanctions direc matters embraced order designated facts taken established prohibi disobedient party supporting opposing designated claims defenses strik pleadings whole part fed rule civ proc alternatively circumstances warrant district may issue contempt order noncomplying party appeal directly ruling least contempt citation characterized criminal punishment see church scientology cal established appellate review mechanisms provide assurances clients counsel security confidential communications also go long way toward addressing mohawk concern absent collateral order appeals adverse privilege rulings litigants may experience severe hardship limited benefits applying blunt categorical instrument collateral order appeal disclosure orders simply justify likely institutional costs digital equipment supra including unduly delaying resolution district litigation needlessly burdening courts appeals cf cunningham hamilton county pp admonition class collaterally appealable orders must remain narrow selective membership supra acquired special force recent years enactment legislation designating rulemaking expansion decision preferred means determining whether prejudgment orders immediately appealable swint supra avenue immediate appeal adverse privilege rulings furnished rulemaking opportunity full airing provides pp affirmed sotomayor delivered opinion roberts stevens scalia kennedy ginsburg breyer alito joined thomas joined part thomas filed opinion concurring part concurring judgment mohawk industries petitioner norman carpenter writ certiorari appeals eleventh circuit december justice sotomayor delivered opinion section judicial code confers federal courts appeals jurisdiction review final decisions district courts although final decisions typically ones trigger entry judgment also include small set prejudgment orders collateral merits action important denied immediate review cohen beneficial industrial loan case petitioner mohawk industries attempted bring collateral order appeal district ordered disclose certain confidential materials ground mohawk waived privilege appeals dismissed appeal want jurisdiction question us whether disclosure orders adverse privilege qualify immediate appeal collateral order doctrine agreeing appeals hold postjudgment appeals together review mechanisms suffice protect rights litigants preserve vitality privilege respondent norman carpenter former shift supervisor mohawk manufacturing facility filed suit district northern district georgia alleging mohawk terminated violation various georgia laws according carpenter complaint termination came informed member mohawk human resources department company employing undocumented immigrants time unbeknownst carpenter mohawk stood accused pending lawsuit conspiring drive wages legal employees knowingly hiring undocumented workers violation federal state racketeering laws see williams mohawk nd company officials directed carpenter meet company retained counsel williams case counsel allegedly pressured carpenter recant statements refused carpenter alleges mohawk fired false pretenses app learning carpenter complaint plaintiffs williams case sought evidentiary hearing explore carpenter allegations response motion mohawk described carpenter accusations pure fantasy recounted true facts carpenter dismissal according mohawk carpenter engaged blatant illegal misconduct attempting mohawk hire undocumented worker company commenced immediate investigation retained counsel interviewed carpenter carpenter efforts cause mohawk circumvent federal immigration law blatantly violated mohawk policy company terminated ibid events unfolding williams case discovery underway carpenter case carpenter filed motion compel mohawk produce information concerning meeting retained counsel company termination decision mohawk maintained requested information protected privilege district agreed privilege applied requested information granted carpenter motion compel disclosure concluding mohawk implicitly waived privilege representations williams case see app pet cert declined certify order interlocutory appeal recognizing seriousness waiver finding stayed ruling allow mohawk explore potential avenues appeal petition mandamus appealing order collateral order doctrine app pet cert mohawk filed notice appeal petition writ mandamus eleventh circuit appeals dismissed appeal lack jurisdiction holding district ruling qualify immediately appealable collateral order within meaning cohen cohen appeals explained order appealable conclusively determines disputed question resolves important issue completely separate merits action effectively unreviewable appeal final judgment per curiam according district waiver ruling satisfied first two requirements third discovery order implicates privilege adequately reviewed appeal final judgment ibid appeals also rejected mohawk mandamus petition finding clear usurpation power abuse discretion district granted certiorari resolve conflict among circuits concerning availability collateral appeals privilege ii statute courts appeals jurisdiction appeals final decisions district courts except direct review may final decisio typically one district disassociates case swint chambers county however long given practical rather technical construction cohen held cohen statute encompasses judgments terminate action also small class collateral rulings although end litigation appropriately deemed final small category includes decisions conclusive resolve important questions separate merits effectively unreviewable appeal final judgment underlying action swint applying cohen collateral order doctrine stressed must never allowed swallow general rule party entitled single appeal deferred final judgment entered digital equipment desktop direct citation omitted see also hallock emphasizing doctrine modest scope admonition reflects healthy respect virtues rule permitting piecemeal prejudgment appeals recognized undermines efficient judicial administration encroaches upon prerogatives district judges play special role managing ongoing litigation firestone tire rubber risjord see also koller district judge better exercise responsibility police prejudgment tactics litigants appellate courts repeatedly intervene prejudgment rulings justification immediate appeal must therefore sufficiently strong overcome usual benefits deferring appeal litigation concludes requirement finds expression two three traditional cohen conditions second condition insists upon important questions separate merits swint emphasis added significantly third cohen question whether right vindicable reviewable simply answered without judgment value interests lost rigorous application final judgment requirement digital equipment ruling may burden litigants ways imperfectly reparable appellate reversal final district judgment never sufficed instead decisive consideration whether delaying review entry final judgment imperil substantial public interest particular value high order making determination engage individualized jurisdictional inquiry coopers lybrand livesay rather focus entire category claim belongs digital equipment long class claims taken whole adequately vindicated means chance litigation hand might speeded injustic averted provide basis jurisdiction ibid quoting van cauwenberghe biard alteration original present case appeals concluded district order satisfied first two conditions collateral order doctrine conclusiveness separateness third effective unreviewability agree appeals collateral order appeals necessary ensure effective review orders adverse privilege decide whether cohen requirements met mohawk dispute generally denied review pretrial discovery orders firestone see also wright miller cooper federal practice procedure ed hereinafter wright miller rule remains settled discovery rulings final mohawk contends however rulings implicating privilege differ kind discovery orders important institutional interests stake according mohawk right maintain confidences sine qua non meaningful relationship irreparably destroyed absent immediate appeal adverse privilege rulings brief petitioner readily acknowledge importance privilege one oldest recognized privileges confidential communications swidler berlin assuring confidentiality privilege encourages clients make full frank disclosures attorneys better able provide candid advice effective representation upjohn turn serves broader public interests observance law administration justice ibid crucial question however whether interest important abstract whether deferring review final judgment imperils interest justify cost allowing immediate appeal entire class relevant orders routinely require litigants wait final judgment vindicate valuable rights including rights central adversarial system see holding order disqualifying counsel civil case qualify immediate appeal collateral order doctrine flanagan reaching result criminal case notwithstanding sixth amendment rights stake digital equipment rejected assertion collateral order review necessary promote public policy favoring voluntary resolution disputes defies common sense explained maintain parties readiness settle significantly dampened corresponding public interest impaired rule district decision let allegedly barred litigation go forward may challenged matter right appeal judgment plaintiff favor ibid reach similar conclusion estimation postjudgment appeals generally suffice protect rights litigants assure vitality privilege appellate courts remedy improper disclosure privileged material way remedy host erroneous evidentiary rulings vacating adverse judgment remanding new trial protected material fruits excluded evidence dismissing relief inadequate mohawk emphasizes privilege merely prohibi use protected information trial provides right disclose privileged information first place brief petitioner mohawk undoubtedly correct order disclose privileged information intrudes confidentiality communications deferring review final judgment meaningfully reduce ex ante incentives full frank consultations clients counsel one reason lack discernible chill deciding freely speak clients counsel unlikely focus remote prospect erroneous disclosure order let alone timing possible appeal whether immediate collateral order appeals available clients counsel must account possibility later required law disclose communications variety reasons example misjudged scope privilege waived privilege communications fell within privilege exception district rulings matters involve routine application settled legal principles unlikely reversed appeal particularly rest factual determinations appellate deference norm see pretrial orders district judges ultimately affirmed appellate courts reise board regents noting almost interlocutory appeals discovery orders end affirmance district possesses discretion review deferential breadth privilege narrowness exceptions thus tend exert much greater influence conduct clients counsel small risk law moreover attorneys clients reflect upon appellate options find litigants confronted particularly injurious novel privilege ruling several potential avenues review apart collateral order appeal first party may ask district certify appeals accept interlocutory appeal pursuant preconditions review controlling question law prompt resolution may materially advance ultimate termination litigation likely satisfied privilege ruling involves new legal question special consequence district courts hesitate certify interlocutory appeal cases second extraordinary circumstances disclosure order amount judicial usurpation power clear abuse discretion otherwise works manifest injustice party may petition appeals writ mandamus cheney dist citation internal quotation marks omitted see also firestone discretionary review mechanisms provide relief every case serve useful safety valve promptly correcting serious errors digital equipment another option party defy disclosure order incur sanctions district courts range sanctions choose including directing matters embraced order designated facts taken established purposes action prohibiting disobedient party supporting opposing designated claims defenses striking pleadings whole part fed rule civ proc iii sanctions allow party obtain postjudgment review without reveal privileged information alternatively circumstances warrant district may hold noncomplying party contempt party appeal directly ruling least contempt citation characterized criminal punishment see church scientology cal firestone cobbledick see also wright miller established mechanisms appellate review provide assurances clients counsel security confidential communications also go long way toward addressing mohawk concern absent collateral order appeals adverse privilege rulings litigants may experience severe hardship mohawk doubt right order disclose privileged material may situations implications beyond case hand said many categories pretrial discovery orders collateral order appeals unavailable orders rulings adverse privilege vary significance may momentous others mundane section appeals mandamus appeals contempt citations facilitate immediate review consequential privilege rulings moreover protective orders available limit spillover effects disclosing sensitive information fraction orders adverse privilege may nevertheless harm individual litigants ways imperfectly reparable justify making orders immediately appealable right digital equipment short limited benefits applying blunt categorical instrument collateral order appeal disclosure orders simply justify likely institutional costs permitting parties undertake successive piecemeal appeals adverse rulings unduly delay resolution district litigation needlessly burden courts appeals see wright miller routine appeal disputed discovery orders disrupt orderly progress litigation swamp courts appeals substantially reduce district ability control discovery process cf cunningham hamilton county expressing concern allowing immediate appeal right orders fining attorneys discovery violations result sorts piecemeal appeals concomitant delays final judgment rule designed prevent attempting downplay concerns mohawk asserts three circuits collateral order doctrine currently applies adverse privilege rulings seen trickle appeals may due fact practice three circuits relatively new yet widely known approve collateral order appeals privilege context many litigants likely choose route also likely seek extend ruling disclosure orders implicating many categories sensitive information raising array concluding sufficiently effective review adverse privilege rulings without resort cohen doctrine reiterate class collaterally appealable orders must remain narrow selective membership admonition acquired special force recent years enactment legislation designating rulemaking expansion decision preferred means determining whether prejudgment orders immediately appealable swint specifically congress amended rules enabling act et authorize adopt rules defin ing ruling district final purposes appeal section shortly thereafter along similar lines congress empowered prescribe rules accordance provide appeal interlocutory decision courts appeals otherwise provided provisions recognized warran judiciary full respect swint see also cunningham indeed rulemaking process important virtues draws collective experience bench bar see facilitates adoption measured practical solutions expect combination standard postjudgment appeals appeals mandamus contempt appeals continue provide adequate protection litigants ordered disclose materials purportedly subject privilege avenue immediate appeal rulings furnished rulemaking opportunity full airing provides sum conclude collateral order doctrine extend disclosure orders adverse privilege effective appellate review means accordingly affirm judgment appeals eleventh circuit ordered mohawk industries petitioner norman carpenter writ certiorari appeals eleventh circuit december justice thomas concurring part concurring judgment concur judgment part opinion wholeheartedly agree congress designation rulemaking process way define refine district ruling interlocutory order appealable warrants judiciary full respect swint chambers county ante quoting swint supra citing cunningham hamilton county reason join remainder analysis scope federal appellate jurisdiction matter constitution expressly commits congress see art cl congress addressed also rules enabling act amendments refers see ante citing recognizes amendments designat rulemaking expansion decision preferred means determining whether prejudgment orders immediately appealable ante quoting swint supra designation entitled full respect privilege order fours orders previously held appealable collateral order doctrine see cohen beneficial industrial loan affirm eleventh circuit judgment ground avenue immediate appeal beyond three avenues addressed opinion must left rulemaking process ante see ante discussing certification petitions mandamus appeals contempt orders need view justify holding applying cohen doctrine prompted rulemaking amendments first place taking path needlessly perpetuates judicial policy many years criticized struggled limit see ashcroft iqbal slip hallock sell cunningham supra digital equipment desktop direct swint supra lauro lines chasser van cauwenberghe biard choice analysis ironic applying cohen facts case requires reach conclusions thus potentially prejudice matters says benefit collective experience bench bar opportunity full airing rulemaking provides ante finality condition review historic characteristic federal appellate procedure incorporated first judiciary act congress departed observance practically defeat right review cobbledick view appellate jurisdiction statute reflected principle statute text see catlin holding judicial code limits review decisions en litigation merits leav nothing execute judgment cohen changed announced small class collateral orders meet statutory definition finality nonetheless may immediately appealable satisfy certain criteria show important denied review cohen early decisions applying allowed appeals interlocutory orders concerning posting bond see attachment vessel admiralty see swift packers compania colombiana del caribe imposition notice costs class action see eisen carlisle jacquelin opinion notes later decisions sought narrow cohen lest exception final judgment rule ante quoting digital equipment supra see generally coopers lybrand livesay adhered narrowing approach principally raising bar types interests important enough justify collateral order appeals see supra explaining interlocutory order typically important enough justify cohen review particular value high order honoring separation powers preserving efficiency government respecting state dignitary interests marshaled support interest avoiding trial determines denying review imperil interest digital equipment supra noting appealability cohen turns judgment value interests lost rigorous application final judgment requirement interest qualifies cohen sense weightier societal interests advanced ordinary operation final judgment principles recognized last term however attempts contain cohen doctrine successful persuasive see ashcroft supra slip general matter doctrine may expanded beyond limits dictated internal logic strict application criteria set cohen view case presents opportunity improve approach privilege interest issue undoubtedly important right compared interests bond rulings held appealable cohen accordingly cohen analysis rest privilege order relative unimportance instead effective reviewability final judgment ante although agree ultimate conclusion see two difficulties approach first emphasizes alternative avenues review discusses prove adequate case adequate privilege ruling issue particularly injurious novel ante right seems opinion raises question avenues also adequate address orders whose unusual importance particularly injurious nature held justified immediate appeal cohen see sell supra second facts particular case seem several respects undercut conclusion benefits collateral order review justify likely institutional costs ante responds arguments miss point focus cohen analysis whether entire category class claims issue merits appellate review collateral order doctrine ante internal quotation marks omitted exactly right illustrates increasingly bothered making kind appealability determination via adjudication exercise forces reviewing subordinate realities case generalized conclusions likely costs benefits allowing exception final judgment rule entire class cases concedes congress holds constitutional reins area determined value judgments better left collective experience bench bar opportunity full airing rulemaking provides ante determination entitled full respect deed well word accordingly leave value judgments makes opinion rulemaking process take opportunity limit effectively predictably way done long ago doctrine sweep pen subordinated appellate jurisdiction statute says thinks good idea footnotes three circuits permitted collateral order appeals privilege rulings see napster inc copyright litigation philip morris cadc ford motor remaining circuits consider question found orders nonappealable see boughton cotter texaco louisiana land exploration reise board regents chase manhattan bank turner newall plc quantum tandon ca fed perhaps situation different district courts systematically underenforcing privilege indication case mohawk petitioned eleventh circuit writ mandamus see supra asked us review appeals denial relief participating amicus curiae support respondent carpenter contends collateral order appeals available rulings involving certain governmental privileges light structural constitutional grounding separation powers relatively rare invocation unique importance governmental functions brief amicus curiae express view issue footnotes concludes example cases final judgment review erroneous privilege ruling suffice vindicate injured party rights appellate vacate adverse judgment remand new trial protected material excluded ante case appears involve one perhaps rare situations final judgment review might sufficient case challenged order already implications beyond case hand namely separate class action williams mohawk nd ante also concludes likely institutional costs allowing collateral order review outweigh benefits inter alia review needlessly burden courts appeals ibid concedes must speculate point three circuits allow cohen appeals privilege rulings overwhelmed see ante