Petition for Writ of Mandamus - Filed - Supreme Court of Texas

. Whether Real Parties should be required to make a prima facie showing, or
at a minimum, a demonstrated factual basis, for punitive liability befor e
having access to net worth discovery .
c. Whether, as suggested by Justice Sullivan in his concurrence below, thi s
Court's decision in Lunsford v. Morris, 746 S .W.2d 471, 473 (Tex . 1988 )
should be revisited and revised to comport with the Legislature's significant
restrictions over the past two decades on the availability and recovery of
punitive damages in Texas .
2. Whether, even under the current state of Texas law, the court of appeals '
holdings in this case properly limit the scope of net worth discovery, and
whether those limitations adequately protect Relators from invasive and
intrusive net worth discovery, from invasion of privacy rights, and preserv e
their due process rights .
3. Whether Relators have an adequate remedy by appeal, where their rights o f
privacy and due process have not been protected by Respondent or th e
court of appeals through the orders for overly broad, invasive, and intrusiv e
net worth discovery .
IV .
RECORD AND APPENDIX IN SUPPORT OF PETITIO N
Relators have filed separately their Record in Support of Petition for Writ o f
Mandamus, pursuant to Rule 52 .7 of the Texas Rules of Appellate Procedure, and hav e
included the following documents in the Appendix attached hereto, pursuant to Rule
52 .3(j) of the Texas Rules of Appellate Procedure :
Tab A : Affidavit of Diana L. Faust (November 10, 2009 )
Tab B : Order Regarding Defendants Mark Jacobs, M .D.'s, Defendant
Obstetrical and Gynecological Associates, P .A .'s, and Debra Clark
Gunn, M .D .'s Special Exceptions to Plaintiffs' Third Amended
Petition, Plaintiffs' Motion to Compel Net Worth Discovery, and
Defendants Mark Jacobs, 'A .D.'s, Debra Clark Gunn, M .D.'s and
Obstetrical and Gynecological Associates, P .A .'s Motion for
Protection Concerning Net Worth Discovery (January 23, 2009 )
Tab C :
Order Regarding Plaintiffs' Motion to Compel the Deposition o f
Mark Jacobs, M.D., with Subpoena Duces Tecum, Defendant Mar k
A. Jacobs, M .D .'s Motion for . Protective Order, Motions for
Sanctions, and Motion to Quash and Objections to Plaintiffs' Notice