Mandamus & Privilege Protection

August 10, 2026

In In re Prime Insurance Co., the Fifth Circuit granted mandamus relief to an insurer ordered to produce privileged claims-file materials, holding that, “[b]ecause the district court treated relevance as sufficient to overcome the asserted privilege, it applied an incorrect legal standard.” While the Court vacated the production orders for the time being, it recognized that the plaintiff could pursue other privilege-waiver theories on remand. No. 26-30410 (Aug. 5, 2026).

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