Federal courts have eliminated nearly any chance for
unsuccessful trial court litigants to immediately appeal adverse
privilege or work product rulings – inexplicably rejecting
the obvious "cat out of the bag" nature of such rulings.
In federal court, the difficult "mandamus" route normally
provides the only remedy.
But in state courts, losing trial court litigants have more
hope. In Petzold v. Castro, No. 2D22-4024, 2023 Fla. App.
LEXIS 4029 (Fla. Dist. Ct. App. June 16, 2023), the Florida Court
of Appeal interlocutorily overruled the trial court's erroneous
decision equating the subject matter waiver impact of an
inadvertent disclosure of a privileged communication and an
intentional disclosure. Approximately two weeks later in
McGlothlin v. Astrosky, No. 1 CA-SA 23-0059, 2023 Ariz.
App. LEXIS 276 (Ariz. Ct. App. June 29, 2023), the Arizona Court of
Appeals interlocutorily reviewed what it found to be the trial
court's erroneous in camera review of
