Bank of America v. Feldman
In Bank of America v. Feldman (In re Nat'l Mortgage Equity Corp. Mortgage Pool Certificates Litig.), 821 F.2d 1422 (9th Cir.1987), National Mortgage appealed the denial of a request for a protective order concerning documents that it deemed privileged. Id. at 1423.
Bank of America filed a motion to dismiss for lack of appellate jurisdiction. Id.
In the meantime, all of the disputed documents were turned over to Bank of America pursuant to a stipulation that they would be returned if National Mortgage succeeded in its appeal. Id.
The Court declined to exercise jurisdiction under the collateral order doctrine because National Mortgage "already produced the requested documents, and stated that we cannot now restore the privilege." Id. at 1425.