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INVISTA S.à.r.l. sought a writ of mandamus from the Ninth District of Texas at Beaumont to compel Judge Baylor Wortham to vacate an order. The order required INVISTA to produce a witness for deposition and subpoena duces tecum in a Rule 202 proceeding initiated by Jacqulyn McDonald. McDonald's petition aimed to investigate potential wrongful death and survival claims related to her father's alleged toxic exposure at INVISTA's facility. The Court of Appeals found that while the trial court had subject-matter jurisdiction, it abused its discretion by granting McDonald's Rule 202 petition without proper evidentiary support. The court concluded that McDonald's verified pleadings, declaration, and text messages did not constitute competent evidence or qualify under a hearsay exception. Consequently, the appellate court conditionally granted the writ of mandamus, instructing the trial court to vacate its order.
in Re INVISTA S.A.R.L. is a workers' compensation case decided in Texas Court of Appeals, 9th District (Beaumont). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 9th District (Beaumont).
Full Decision Text1 Pages
INVISTA S.à.r.l. sought a writ of mandamus from the Ninth District of Texas at Beaumont to compel Judge Baylor Wortham to vacate an order. The order required INVISTA to produce a witness for deposition and subpoena duces tecum in a Rule 202 proceeding initiated by Jacqulyn McDonald. McDonald's petition aimed to investigate potential wrongful death and survival claims related to her father's alleged toxic exposure at INVISTA's facility. The Court of Appeals found that while the trial court had subject-matter jurisdiction, it abused its discretion by granting McDonald's Rule 202 petition without proper evidentiary support. The court concluded that McDonald's verified pleadings, declaration, and text messages did not constitute competent evidence or qualify under a hearsay exception. Consequently, the appellate court conditionally granted the writ of mandamus, instructing the trial court to vacate its order.
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