Reuben M. Ginsberg, Relators v. the Fifth Court of Appeals, Respondents

Summary

The Texas Supreme Court held that the Fifth Court of Appeals abused its discretion by ordering the trial court to cease discovery of the plaintiff's psychotherapist‑patient records, because the privilege cannot be used offensively to shield evidence material to the defendant. Accordingly, the Court conditionally granted the petition for mandamus, directing the appellate court to withdraw its order and allowing the trial court to determine discoverability.