Texas Supreme Court Argument Preview - 2/25/15

Posted by Rich PhillipsThe Texas Supreme Court will hear argument in two mandamus petitions on Wednesday, February 25, 2015, beginning at 9:00 am.No. 14-0171, In re Memorial Hermann Hospital Systems – The relator in this mandamus petition is seeking relief from an order compelling production of documents that the relator contends are protected from discovery by the medical peer review committee privilege and the medical committee privilege. The trial court found that the documents fall within the privilege, but that the anti-competitive exception to the privilege applies. One issue is whether that exception can apply even though the plaintiffs have not pleaded an antitrust claim.No. 14-0175, In re Longview Energy Co. – This mandamus proceeding involves a petition and a cross-petition and arises from a dispute about the proper amount of a supersedeas bond. The judgment-creditor challenges the court of appeals’ holding that the entire judgment can be superseded by a single $25 million bond. The judgment-creditor argues that the statutory cap on the amount of the supersedeas bond should be applied to each judgment-debtor individually, rather than to the judgment as a whole. The judgment-debtors are seeking relief from a trial court order requiring them to make monthly reports about assets within a constructive trust imposed by the judgment. The judgment-debtors argue that the monthly reporting requirement amounts to post-judgment discovery that is impermissible because the judgment has been superseded.The arguments will be broadcast live and the recordings will be available for later viewing. To view the arguments (either live or recorded), click here.