CROSSTEX ENERGY SERVICES LP LIG LLC LLC v. TEXAS BRINE COMPANY LLC (2022)

Writ application granted. See per curiam.

Writ granted. It is well-settled that trial courts have broad discretion in ruling on discovery matters. Belonga v. Crescent City Dodge, L.L.C., et al., 00-3419 (La. 3/9/01), 781 So. 2d 1247, citing Adams v. Deaton, Inc., 97-1237 (La. 6/30/97), 696 So. 2d 997. It is equally well-settled that a trial court's ruling “will not be disturbed on appeal absent a clear showing of abuse.” Moak v. Illinois Central Railroad Co., 93-783 (La. 1/14/94), 631 So. 2d 401; Laburre v. East Jefferson General Hospital, et al., 555 So.2d 1381, 1385 (La. 1990).

The trial court in the instant matter conducted an in-camera inspection of the documents at issue, and, based on that inspection, ordered the production of five documents, without redactions. The court of appeal vacated that judgment without reasons, although the dissent makes clear that it did so without reviewing the documents. Crosstex Energy Servs., LP v. Texas Brine Co., LLC., 2021-CW-1191, 2022 WL 304707 (La. App. 1 Cir. 2/2/22)(unpub.)(Welch, J., dissents and “would have Occidental Chemical Corporation file the five documents in question under seal with this court for in camera inspection and determination on the merits.”).

Because there is no showing that the trial court abused its broad discretion in this discovery dispute, the court of appeal erred in vacating its judgment. The ruling of the court of appeal is reversed and the trial court's August 21, 2021 judgment is hereby reinstated. This matter is remanded for further proceedings.

Weimer, C.J., dissents and would deny. Crain, J., recused.