National Tank Company v. the Honorable Robert P. Brotherton, Judge

Summary

The Texas Supreme Court denied mandamus relief, holding that the trial court did not abuse its discretion and that investigative documents are privileged only when a reasonable person would see a substantial chance of litigation and the party acted in good faith to prepare for such litigation. The Court modified the Flores test accordingly. Several justices filed dissenting and concurring opinions contesting the new standard.