..CIV PRO TWO
PROBLEM FIVE
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P sues D for unfair competition in a federal diversity action. D counterclaims for unfair competition on the same facts. During the discovery phase of this suit, D files a motion for summary judgment. The court grants the motion, effectively terminating P's original complaint. The judge also sets a date for trial of D's yet to be determined counterclaim against P. P (defendant on the counterclaim) asks D (plaintiff on the counterclaim) to produce a list of D's customers so that P can determine whether there are any deposable witnesses. D strenuously objects on the basis that turning over such information will violate D's privilege to protect D's trade secret information. The court decides that D must produce the customer list. After D fails to provide the list as ordered, the court orders D to turn over the list and to pay P's expenses of having to seek enforcement of the judge's prior order. But the court also decides to grant D's request to certify the production order for appellate review. The case is ready for trial when P's lawyer unexpectedly files a motion to disqualify D's counsel because D's counsel once represented P in another action several years ago. The court denies this motion and is unwilling to certify it as immediately reviewable. Question: May P or D obtain appellate review of any of the court's (pre-judgment) rulings? |