This week the Texas Supreme Court issued no opinions and six grants. This blog discusses two of those grants.
First, in In re USAA General Indemnity Co., out of the Corpus Christi-Edinburg Court of Appeals, the Court is set to hear oral arguments on March 24, 2021. There are two main issues before the Court in this underinsured-motorist claim, after the trial court compelled the deposition of a USAA corporate representative before a judicial determination was made of preconditions establishing the insurer’s liability. The Court will consider (1) whether the trial court abused its discretion by compelling the deposition and, if not, (2) whether the deposition topics requested are overly broad.
Additionally, on March 24, 2021, the Court is set to hear oral arguments in a discovery dispute out of Harris County and Houston’s 14th Court of Appeals. In In re Texas Millwork, an employer is contesting the trial court’s decision to compel production of an independent contractor as a witness. The Court is set to consider three issues. First, whether it was abuse of discretion for the trial court to compel Texas Millwork to produce an independent contractor as a witness when the company did not employ him, or arguably control him. Second, whether civil procedure rule 199.3 even requires employment or control of the witness when the company is ordered to produce him. And third, whether there is an adequate appellate remedy available in order to avoid mandamus relief.