[DOWNLOAD] "Eli Lilly Land Company v. Honorable John Marshall" by Supreme Court of Texas No. D-1827 " Book PDF Kindle ePub Free
eBook details
- Title: Eli Lilly Land Company v. Honorable John Marshall
- Author : Supreme Court of Texas No. D-1827
- Release Date : January 29, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Per Curiam In this products liability suit, plaintiffs requested discovery of documents relating to the drug Prozac. Defendants
filed a motion with the trial court seeking an order limiting the disclosure of certain of these documents under Rule 76a
of the Texas Rules of Civil Procedure, based upon a claim of trade secret. At the hearing on the motion, the application of
Rule 76a to trade secrets was disputed, and the trial court declined to consider the merits of this claim. Although the rule's definition of "court records" excludes "discovery in cases originally initiated to preserve bona fide
trade secrets or other intangible property rights," Tex. R. Civ. P. 76a(2)(c), it does not mean that access to trade secrets
cannot be limited in other types of litigation. Regardless of the cause of action, a properly proven trade secret is an interest
that should be considered in making the determination required by Rule 76a. If the trial court determines the documents are
"court records" within the meaning of the rule, it must decide whether any specific, serious, and substantial interest, including
a trade secret interest, has been established that justifies restricting access to the documents in question.