Legal Opinion

In Re Merck & Co., Inc.

Texas Court of Appeals, 4th District (San Antonio)

Decided September 15, 2004No. 04-04-00389-CVPublishedCited by 5 opinions

1Opinion of the Court

OPINION

PHYLIS J. SPEEDLIN, Justice.

This is an original mandamus proceeding. The relator, Merck & Co., Inc. (“Merck”), seeks relief from two discovery orders involving a prescription medication never used by the deceased plaintiff. We hold that the trial court abused its discretion because its discovery orders are not reasonably tailored to include only relevant matters. Therefore, we conditionally grant the writ of mandamus, and order the court to vacate the two orders signed May 20, 2004, requiring Merck to produce the designated documents without redactions and to produce corporate…

2Cases cited6 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re American Optical Corp.Texas Supreme Court · 1998
  3. Jampole v. TouchyTexas Supreme Court · 1984
  4. Texaco, Inc. v. SandersonTexas Supreme Court · 1995
  5. In Re Alford Chevrolet-GeoTexas Supreme Court · 1999

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re Exmark Manufacturing Co., Texas Court of Appeals, 13th District2009
  2. In Re Cooper Tire & Rubber Co., Texas Court of Appeals, 14th District (Houston)2010
  3. in Re the Valvoline Company, a Division of Ashland Inc., Texas Court of Appeals, 1st District (Houston)2010
  4. in Re: Exmark Manufacturing Company Incorporated, Texas Court of Appeals, 13th District2009
  5. in Re: Exmark Manufacturing Company Incorporated, Texas Court of Appeals, 13th District2009

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