The Honorable v. Murray Jordan, Judge, Relator, v. the Honorable Court of Appeals for the Fourth Supreme Judicial…

Summary

The Texas Supreme Court held that only documents generated by a hospital committee for committee purposes are protected by the statutory privilege, that the privilege was waived by the documents' disclosure to a grand jury, and that the Court of Appeals abused its discretion in upholding the privilege claim. Accordingly, all the contested documents are discoverable and the appellate court's order is vacated. Justice Gonzalez, concurring in part and dissenting in part, disagreed with the waiver finding and the burden shift, while Justice Robertson, concurring, agreed with the waiver determination.