Ex Parte Schnitzer Steel Industries, Inc. (in Re Jason Jackson and Latonya Jackson v. Schnitzer Steel Industries, Inc.)

Summary

The court held that the post-accident investigation report was protected work product because it was prepared in reasonable anticipation of litigation, even though operational safety concerns were also among the reasons for the investigation. Because the trial court's discovery order disregarded an asserted privilege and Schnitzer Steel lacked an adequate remedy by ordinary appeal, mandamus review was appropriate. The court granted the petition and directed the trial court to vacate the order compelling production and deny the motion to compel.