Tuesday, November 30, 2021

Denial of Discovery and Mandamus

The denied discovery was necessary to develop a defense that goes to the heart of ExxonMobil’s case—that the providers’ rates were unreasonable. Additionally, the effects of the trial court’s denial of discovery will evade review by any higher court because the discovery ExxonMobil cannot obtain is from third parties, the providers, and thus cannot be included in the appellate record. Under these circumstances, we conclude that ExxonMobil lacks an adequate remedy on appeal.” In re ExxonMobil Corp., No. 20-0849 (Nov. 19, 2021) (applying In re K & L Auto Crushers, LLC, 627 S.W.3d 239 (Tex. 2021) (orig. proceeding).

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