Ex Parte Mobile Gas Service Corporation. (in Re Donald R. Parker v. Mobile Gas Service Corporation)

Summary

The court granted Mobile Gas's petition for a writ of mandamus and directed the trial court to protect documents prepared by its environmental consultant in anticipation of litigation. It held that Mobile Gas submitted sufficient evidence establishing work-product protection, while the plaintiffs failed to show substantial need, undue hardship, or exceptional circumstances permitting discovery from a nontestifying expert. The court also concluded that Mobile Gas had not waived protection by producing regulatory-investigation materials that were distinct from litigation-consultant materials. Moore, Chief Justice, dissenting, would have denied mandamus because discovery rulings ordinarily should not be reviewed through extraordinary writs and the alleged abuse of discretion was not sufficiently clear.