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

Louisiana Court of Appeal

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

DecidedApril 29, 2021

Docket2021CW0206

StatusUnknown

This text of Gustave J. Labarre, Jr. v. Occidental Chemical Company (Gustave J. Labarre, Jr. v. Occidental Chemical Company) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gustave J. Labarre, Jr. v. Occidental Chemical Company, (La. Ct. App. 2021).

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Opinion

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

DEPUTY C E K OF COURT FOR THE COURT

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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

DEPUTY C E K OF COURT FOR THE COURT

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Gustave J. Labarre, Jr. v. Occidental Chemical Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gustave-j-labarre-jr-v-occidental-chemical-company-lactapp-2021.