David Coale Authors "Flying Pig Spotted: Fifth Circuit Grants Mandamus Relief in Privilege Dispute" in Texas Lawbook
LPCH partner, David Coale, recently wrote an article, "Flying Pig Spotted: Fifth Circuit Grants Mandamus Relief in Privilege Dispute," in Texas Lawbook covering writs of mandamus in the federal pretrial litigation. While the U.S. Court of Appeals for the Fifth Circuit is famously reluctant to grant a mandamus petition, it did so last month as to a finding of an extensive waiver of attorney-client privilege in a case called In re: Itron. The Fifth Circuit focused on three questions: “(1) whether the petitioner has demonstrated that it has ‘no other adequate means to attain the relief [it] desires’; (2) whether the petitioner’s ‘right to issuance of the writ is clear and indisputable’; and (3) whether we, in the exercise of our discretion, are ‘satisfied that the writ is appropriate under the circumstances.’
To read the full article, click here.