X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
On Petition for Writ of Mandamus

The issue here is whether the trial court abused its discretion when it refused to disqualify Nitla’s counsel, who had reviewed privileged documents that the trial court ordered the opposing party to produce. The court of appeals issued mandamus, ordering the trial court to disqualify Nitla’s counsel. In re Bank of Am., N.A., 45 S.W.3d 238, 245 (Tex. App.-Houston [1st Dist.] 2001). However, in so doing, the court of appeals misapplied the law and thus abused its discretion. Accordingly, we granted Nitla’s motion for rehearing, and we now conditionally grant a writ of mandamus and direct the court of appeals to vacate its order.

Nitla, a Mexican pharmaceutical company, sued Bank of America (BOA) in 1996. Nitla claimed that BOA misappropriated over $24 million of Nitla’s funds on deposit. During discovery, Nitla asked BOA to produce certain documents. BOA resisted and asserted the attorney-client and work-product privileges. After an in camera inspection and a hearing, the trial court identified numerous documents that it determined BOA should produce. BOA asked the trial court to stay production until BOA decided whether to seek emergency relief in the court of appeals. Rather than issue an order, the trial court requested additional briefing and scheduled another hearing. The trial court also indicated it would order BOA to produce any non-privileged documents at that time.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Global Leaders in Consulting (GLC) 2023

February 16, 2023
London

The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide.


Learn More

Complex Claims & Litigation Forum 2023

February 27, 2023 - March 01, 2023
Henderson, NV

Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases.


Learn More

Women, Influence & Power in Law UK Awards 2023

March 08, 2023
London

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

Litigation and Criminal Defense Attorney - Georgia


Established, small town law firm in Athens, GA has an immediate opening for an Attorney to assist with diverse caseload. Handle Litigation i...


Apply Now ›

Attorneys-Solicitor General Division


Attorneys Solicitor General Division: The West Virginia Attorney General's Office is accepting applications for mid- and senior-level po...


Apply Now ›

Commercial Unit Attorney - Procurement Policy 13601


Commercial Unit Attorney - Procurement Policy 13601 Civil Service Title: Agency Attorney Level: Level 3 Division/Office: O...


Apply Now ›

HENDRICK PHILLIPS SALZMAN & FLATT, PC

02/02/2023
DR Web

Hendrick Phillips Salzman & Siegel, PC is proud to announce J.T. Gallagher as the firm s newest partner.


View Announcement ›

O'CONNOR, PARSONS & LANE

01/30/2023
NJLJ Web

O'CONNOR, PARSONS & LANE are proud to announce that R. Daniel Bause and Robert A. Ballard, III have become partners of the firm.


View Announcement ›

POND LEHOCKY STERN GIORDANO

01/26/2023
TLI Web

Pond Lehocky Giordano LLP would like to congratulate Jerry Lehocky and his team on PA's largest workers' compensation settlement.


View Announcement ›