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364 S.W.3d 425
Tex. App.
2012
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Background

  • Relator Misty Jordan sues former employer Gajekse, Inc. for sexually hostile work environment and firing.
  • Relator claims she saw sexually graphic content on company computers and alleges she created memoranda about it on her work computer.
  • Relator asserts she never viewed pornography before employment at Gajekse.
  • Gajekse requests production of relator's home computer and hard drive; trial court orders production for forensic examination.
  • Order allows examination of internet history, emails, and memoranda; Weekley procedure not followed; court abuses discretion and mandamus relief is appropriate.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Did the trial court abuse its discretion ordering a forensic search? Weekley requires specific requests, clear production form, and safeguards. Need for targeted verification of alleged misconduct justifies intrusion. Yes; court abused discretion due to noncompliance with Weekley procedures.
Is mandamus proper to remedy the intrusive discovery order? There is no adequate remedy at law and error cannot be cured on appeal. Remedy at law may exist after fuller proceedings, not mandamus. Yes; relator entitled to mandamus relief if trial court does not vacate the order.

Key Cases Cited

  • In re Weekley Homes, L.P., 295 S.W.3d 309 (Tex. 2009) (sets procedures for computer hard-drive production and cautions on intrusion)
  • Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (orig. proceeding; abuse of discretion standard)
  • In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (protective- order considerations and adequate remedy at law)
Read the full case

Case Details

Case Name: In Re Jordan
Court Name: Court of Appeals of Texas
Date Published: Apr 3, 2012
Citations: 364 S.W.3d 425; 2012 Tex. App. LEXIS 2639; 2012 WL 1098275; 05-12-00240-CV
Docket Number: 05-12-00240-CV
Court Abbreviation: Tex. App.
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