TransAmerican Natural Gas Corp. v. Flores

On Petition FOR WRIT of Mandamus

We consider whether the trial court abused its discretion in granting a motion to compel the production of privileged documents by finding that the applicable privilege was waived under the “offensive use” doctrine. We hold that in this case the trial court abused its discretion in ordering the production of two documents by incorrectly applying the “offensive use” doctrine. Because TransAmerican has no adequate remedy at law, we conditionally grant the writ of mandamus as to these documents.

The discovery dispute in this case arose out of a claim of a…