Court Grants Mandamus Relief to DuPont for 'Privileged' Asbestos Documents

AUSTIN, Texas - A trial court erred when it refused to conduct an in camera inspection of certain documents that an asbestos defendant claimed were subject to the attorney-client privilege before finding that they could be disclosed, a state Supreme Court has ruled. In Re: E.I. DuPont de Nemours and Company, No. 03-0464 (Texas Sup. Ct.).

The Texas Supreme Court on May 13 conditionally granted a writ of mandamus filed by E.I. DuPont de Nemours and Company after determining that the defendant made a prima facie showing of privilege for many of the 530 documents a state trial court ordered …