Upjohn Co. v. Freeman

OPINION

BAKER, Justice.

This appeal involves the trial court’s denial of Upjohn’s request for a sealing order under rule 76a. 1 In its third point of error, Upjohn contends that the trial court held Upjohn to an improper standard of proof. We agree. We set aside the trial court’s order denying a sealing order. We remand this cause to the trial court for further proceedings.

THE BACKGROUND TO UPJOHN’S SEALING MOTION

In this products liability suit, the Free-mans requested discovery of Upjohn’s documents about the drug Halcion. Upjohn moved the court for an order limiting the disclosure of the…