Brown & Root Has Good Cause for Withdrawal of Deemed Admissions, Texas Court Rules

TYLER, Texas - A Texas appeals court has conditionally granted an oil company's writ of mandamus, reversing the trial court's denial of its motion to strike, withdraw or amend deemed admissions. In re: Kellogg-Brown & Root, Inc., No. 12-01-00116-CV (Texas Ct. App., 12th Dist.).

In its May 8 decision, the appeals court found that Brown & Root had demonstrated good cause for the withdrawal or amendment of its deemed admissions and that the company's failure to respond to plaintiff's discovery request was not intentional or the result of conscious indifference.

In the underlying lawsuit, plaintiff Martha Fambrough alleged that Virgil …