George Flores, Relator v. the Fourth Court of Appeals, Respondent

Summary

The Texas Supreme Court held that the trial court did not abuse its discretion in ordering production of a pre‑hearing investigative report and therefore conditionally granted a writ of mandamus to vacate the Court of Appeals' order. The Court clarified that "litigation" for the party‑communications privilege begins with the filing of a suit in district court, not with a workers' compensation claim filed with the Industrial Accident Board, and applied a two‑prong test to determine whether a document was prepared in anticipation of litigation.