Exxon Enviro Settlement Docs Privileged, Texas Court Says

Law360, Houston (November 8, 2012, 4:14 PM EST) -- A Texas appeals court on Thursday ruled that documents prepared by Exxon Mobil Corp. lawyers to settle a multibillion-dollar environmental lawsuit are protected by attorney-client privilege and are not subject to disclosure in a subsequent contractual indemnity suit.

The Texas Court of Appeals for the Fourteenth District held that Trade Exploration Corp., Bryan Wagner and others that bought an oil field from Exxon were not entitled to the settlement documents. It also ruled that the trial court's application of the “offensive use” doctrine in the suit,...
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