Supreme Court of Texas

In plaintiff's negligence action against the Union Pacific Railroad Company when it collided with another train releasing toxic fumes to nearby residents, defendant's petition for writ of mandamus is granted as the trial court abused its discretion when it compelled the defendant to produce confidential information relating to shipping rates and the defendant met its burden of establishing that the information is protected by trade secret privilege, and the plaintiff failed to demonstrate how the information is necessary or essential to the fair adjudication of the case.

Appellate Information

• Decided 09/25/2009
• Published 09/25/2009

Judges

• PER CURIAM.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Lynne Liberato, Kent Rutter, Deborah A. Newman, for Union Pacific Railroad Company., Robert M. Tramuto, George Legrand, Arthur Stanley Bernstein, Dana G. Kirk, Darrin M. Walker, for Johnny Pavelka.