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

Summary

The Texas Supreme Court modified the Flores investigative‑privilege test, holding that documents are privileged only if a reasonable person would see a substantial chance of litigation and the party acted in good faith to prepare for that litigation; it denied the mandamus petition without prejudice, allowing the trial court to reconsider its discovery order. Justice NECHT dissented, arguing that mandamus should be granted because the trial court could not have anticipated the change, while Justices Doggett, Spector, and Gonzalez each filed separate opinions criticizing the new standard.