In Re EI DuPont De Nemours and Co.

In the suit underlying this petition for mandamus, nearly 400 plaintiffs sued E.I. DuPont de Nemours (“DuPont”) and over 100 other defendants for alleged asbestos-related injuries from 1935 to the present. In response to the plaintiffs’ discovery request, DuPont asserted claims of attorney-client and/or work product privilege with respect to 607 documents.

On May 12, 2003, the trial court issued an order requiring DuPont to turn over most of the documents, ruling that DuPont had not made a prima facie showing of privilege. A divided court of appeals declined to grant mandamus relief. 133…