Texas Supreme Court

In Re National Lloyds Insurance Company, Relator

October 28, 201660 Tex. Sup. Ct. J. 54

Summary

The Texas Supreme Court held that the pretrial court’s order compelling National Lloyds to produce all emails, reports attached to emails, and related correspondence was overbroad and an abuse of discretion. Accordingly, the Court conditionally granted mandamus relief, vacated that portion of the discovery order, and directed the lower court to reevaluate the sanctions award. The decision also affirmed that National Lloyds did not waive its timely objections and that mandamus is the proper remedy where a trial court clearly abuses its discretion.

Holding

  • Whether the pretrial court’s discovery order was overbroad and an abuse of discretion.. The discovery order was overbroad and constituted an abuse of discretion; the Court vacated that portion of the order.
  • Whether National Lloyds waived its objections to the discovery order.. National Lloyds did not waive its objections because it timely objected in writing and articulated the basis for the objection under Tex. R. Civ. P. 193.2(a).
  • Whether mandamus is the proper remedy for the alleged abuse of discretion.. Mandamus is appropriate where a trial court clearly abuses its discretion and no adequate remedy exists on appeal.
  • Whether the sanctions award should be vacated or remanded.. The sanctions award should be reconsidered by the pretrial court; the Supreme Court did not vacate it outright but directed the lower court to reevaluate the award in light of the vacated portion of the discovery order.

Docket 15-0452

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