Gustave J. Labarre, Jr. v. Occidental Chemical Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

GUSTAVE J. LABARRE, JR., ET NO. 2021 CW 0206
AL

VERSUS

OCCIDENTAL CHEMICAL COMPANY, APRIL 29, 2021
ET AL

In Re: National Union Fire Insurance Company of Pittsburgh,
PA and AIG Specialty Insurance Company ( as alleged
pre -2009 insurers of Texas Brine Company, LLC),
applying for supervisory writs, 23rd Judicial District
Court, Parish of Assumption, No. 33796.

BEFORE: GUIDRY, MCDONALD, AND LANIER, JJ.

WRIT GRANTED. The trial court erred by granting the re --

urged motion to quash filed by Texas Brine Company, LLC, thereby
quashing the deposition by
subpoenas issued relators, National
Union Fire Insurance Company of Pittsburgh, PA and AIG Specialty
Insurance Company, to PriceWaterHouseCoopers Advisory Services,
LLC and Shuart and Associates, Inc. The information relators
seek to obtain through these La. Code Civ. P. art. 1442
depositions directly bears on relators' defense to Texas Brine' s
claim for reimbursement, set for trial in September 2021. The
information is relevant and within the scope of permissible

discovery. See La. Code Civ. P. art. 1422. Therefore, the writ
is granted, and the January 27, 2021 ruling Texas
granting
Brine' s re -urged motion to quash is reversed. The re --
urged
motion to quash filed by Texas Brine LLC is denied;
Company,
however, nothing in this writ action shall be construed to
require the disclosure of attorney- client privileged

communication or counsel' s mental
impressions or trial strategy.
See La. Code Civ. P. arts. 1424 and 1425( E)( 1).

JMG
JMM

WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C E K OF COURT
FOR THE COURT