Legal Opinion
Texaco Inc. v. Louisiana Land and Exploration Co., State of Louisiana, Department of Natural Resources, and the State Mineral Board
Court of Appeals for the Fifth Circuit
Decided June 24, 1993No. 93-3120PublishedCited by 38 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
We write today to clarify the jurisprudence of this circuit regarding whether a discovery order is immediately appealable under the collateral order doctrine of Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). We conclude that, based upon controlling caselaw, and subject to an exception not relevant here, such an order is not appealable.
The appellant, Texaco Inc. (“Texaco”), is subject to an order of the magistrate judge requiring it to produce certain documents that it claims are subject to the attorney-client privilege.…
2Cases cited22 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Perlman v. United StatesSupreme Court of the United States · 1918
- In Re Recticel Foam Corporation, in Re San Juan Dupont Plaza Hotel Fire Litigation. Appeal of Recticel Foam CorporationCourt of Appeals for the First Circuit · 1988
- 20 Fair empl.prac.cas. 457, 20 Empl. Prac. Dec. P 30,136 Southern Methodist University Association of Women Law Students, Equal Employment Opportunity Commission, Plaintiff-Intervenor v. Wynne & Jaffe, Southern Methodist University Association of Women Law Students, Equal Employment Opportunity Commission, Plaintiff-Intervenor v. Thompson, Knight, Simmons & BullionCourt of Appeals for the Fifth Circuit · 1979
17 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Mohawk Industries, Inc. v. CarpenterSupreme Court of the United States · 2009
- Allison v. Citgo Petroleum Corp.Court of Appeals for the Fifth Circuit · 1998
- Wiwa v. Royal Dutch Petroleum Co.Court of Appeals for the Fifth Circuit · 2004
- Kansa Reinsurance Co., Ltd. v. Congressional Mortg. Corp. of TexasCourt of Appeals for the Fifth Circuit · 1994
- Barrientes v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
33 more not listed; retrieve them via the Exa API.