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August 09, 2007

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Chile

Thanks for that link. Hilarious writing!

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The court of appeals granted the plaintiffs’ petition and overruled the trial court’s order. The court of appeals employed the balancing test found in Valley Bank. The court first found the objectors met the criteria to establish the requested documents were an invasion of their privacy. The plaintiffs then demonstrated that the requested information was directly relevant to their claims and essential to a fair resolution of the lawsuit. Thus, the information was discoverable. The court of appeals found that the trial court’s failure to analyze each category of requested information under the standard of Valley Bank was an abuse of discretion.

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