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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
2010 LC CASE SUMMARIES S.W.3d 309 (Tex. 2009) [USA]
Topics: Procedure, Discovery
Article
Note: HFG Enclave Land Interests, Ltd. (Plaintiff) sued Weekley Homes, L.P. (Defendant) on a variety of theories, including common law fraud and negligent misrepresentation in an estoppel certificate about its performance. Plaintiff moved to allow forensic experts to search Defendant's hard drives for deleted emails containing any of twentyone specified terms, among which was "letter of credit". The motion was granted. On appeal, the Supreme Court of Texas, O'Neill, J., granted the writ of mandamus sought by Defendant and ordered the trial court to vacate its motion. The appellate court ruled that the trial court abused its discretion because Plaintiff failed to demonstrate the characteristics of the hard drives and the reasonable likelihood that the search would yield the information sought considering the highly intrusive nature and sensitivity of the subject matter.
[JEB/gdb]
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