In Re Am. Optical Corp., 988 S.W.2d 711 (Tex. 1998). · Go Syfert
In Re Am. Optical Corp., 988 S.W.2d 711 (Tex. 1998). Cases Citing This Book View Copy Cite
G Cite
cited 13× by 12 distinct cases, 2001–2021→ Stable · …the trial court must make an effort to impose reasonable discovery limits. at p. 713 Topic ↗
cited 11× by 11 distinct cases, 1999–2020 · 2 courts↓ Fading · …an order compelling discovery that is well outside the proper bounds is reviewable by mandamus. at p. 713 Topic ↗
cited 9× by 9 distinct cases, 2009–2026 · 2 courts→ Stable · …reasonably tailored to include only matters relevant to the case. at p. 713 Topic ↗
636 citation events (613 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) in Re Dodeka, LLC
Tex. App. · 2012 · quote attribution · 1 verbatim quote · confidence high
an order compelling discovery that is well outside the proper bounds is reviewable by mandamus.
discussed Cited as authority (verbatim quote) in Re Howard K. Stern
Tex. App. · 2010 · quote attribution · 1 verbatim quote · confidence high
an order compelling discovery that is well outside the proper bounds is reviewable by mandamus.
examined Cited as authority (verbatim quote) In Re Exmark Manufacturing Co. (3×) also: Cited as authority (rule)
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
the requesting party has the responsibility to narrowly tailor its requests to produce.
examined Cited as authority (verbatim quote) in Re: Exmark Manufacturing Company Incorporated (3×) also: Cited as authority (rule)
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
the requesting party has the responsibility to narrowly tailor its requests to produce.
examined Cited as authority (verbatim quote) in Re: Exmark Manufacturing Company Incorporated (3×) also: Cited as authority (rule)
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
the requesting party has the responsibility to narrowly tailor its requests to produce.
discussed Cited as authority (rule) In Re Germania Farm Mutual Insurance Association v. the State of Texas
txctapp13 · 2026 · confidence medium
Optical Corp., 988 S.W.2d 711, 714 (Tex. 1998) (orig. proceeding) (per curiam) (declining to review arguments that were not presented to the trial court); In re Ron, 582 S.W.3d 486 , 495 (Tex. App.—Houston [14th Dist.] 2018, orig. proceeding [mand. denied]) (same); In re East, 476 S.W.3d 61, 67 (Tex. App.—Corpus Christi–Edinburg 2014, orig. proceeding) (same).
discussed Cited as authority (rule) In Re Miles Bivins Childers, Relator v. the State of Texas (2×)
txctapp7 · 2026 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) In Re MBC Energy Services, Inc and Robert Douglas Woods,Jr. v. the State of Texas (2×)
Tex. App. · 2025 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding); In re CAR Fin.
cited Cited as authority (rule) In Re Dwight Capital, LLC v. the State of Texas
Tex. App. · 2025 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding).
discussed Cited as authority (rule) Bright Health Management, Inc. v. Texas Department of Insurance and Cantilo & Bennett, L.L.P., Special Deputy Receiver of Bright Healthcare Insurance Company of Texas (2×)
Tex. App. · 2025 · confidence medium
Optical Corp., 988 S.W.2d 711, 714 (Tex.1998).
cited Cited as authority (rule) In Re Bright Health Management, Inc. v. the State of Texas
Tex. App. · 2025 · confidence medium
Optical Corp., 988 S.W.2d 711, 714 (Tex.1998).
cited Cited as authority (rule) In Re Javier A. Martinez, Cynthia R. Martinez, and Columbus Happy Oaks RV Park Corporation D/B/A Happy Oaks RV Park v. the State of Texas
Tex. App. · 2025 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding)) (internal quotation marks omitted).
cited Cited as authority (rule) In Re Daniel A. Hunt v. the State of Texas
Tex. App. · 2024 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (per curiam) (orig. proceeding).
cited Cited as authority (rule) In Re: John Jay Wingfield, Jr. v. the State of Texas
Tex. App. · 2024 · confidence medium
Optical Corp., 988 S.W.2d 711, 714 (Tex. 1991) (orig. proceeding)).
discussed Cited as authority (rule) In Re Allstate Texas Lloyd's and James Stabler v. the State of Texas
Tex. App. · 2024 · confidence medium
Optical Corp., 988 S.W.2d 711, 714 (Tex. 1998) (orig. proceeding) (per curiam); In re East, 476 S.W.3d 61, 67 (Tex. App.—Corpus Christi–Edinburg 2014, orig. proceeding); In re Advance Payroll Funding, Ltd., 254 S.W.3d 710, 714 (Tex. App.—Dallas 2008, orig. proceeding).
cited Cited as authority (rule) In Re: Longview Medical Center, L.P. D/B/A Longview Regional Medical Center v. the State of Texas
Tex. App. · 2024 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam); see also In re Allstate Fire & Cas.
cited Cited as authority (rule) Shanmugam Balur Sankaran v. VFS Services (USA) Inc.
Tex. App. · 2024 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding)).
discussed Cited as authority (rule) In RE RICHARDSON MOTORSPORTS, LTD. v. the State of Texas
Tex. · 2024 · confidence medium
Optical Corp., 988 S.W.2d 711, 712 (Tex. 1998) (noting that discovery request is overbroad when not “tied to” particular subjects and time periods in dispute); Coates, 758 S.W.3d at 752-53 (explaining that plaintiff’s “prior [personal] problems and attendant complaints of depression are distinct from the mental anguish she claims as a result of her injury” and that an “allegation of mental anguish or emotional distress [alone] does not place the party’s mental condition in controversy”). 27 writ of mandamus, direct the court of appeals to vacate its mandamus order, and instruct…
cited Cited as authority (rule) In Re the Sydow Firm, PLLC and Michael D. Sydow v. the State of Texas
Tex. App. · 2024 · confidence medium
Optical, 988 S.W.2d 711, 713 (Tex. 1998).
cited Cited as authority (rule) In Re Justin Guillory v. the State of Texas
Tex. App. · 2024 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam).
cited Cited as authority (rule) In Re Mesilla Valley Transportation and Robert Stowbridge v. the State of Texas
Tex. App. · 2024 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam).
cited Cited as authority (rule) In Re Energy Transfer LP, Enable Midstream Partners, LP, and Enable GP, LLC v. the State of Texas
Tex. App. · 2024 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding). 4 III.
discussed Cited as authority (rule) In Re Dakota Semmler v. the State of Texas
Tex. App. · 2024 · confidence medium
“We do not consider arguments in a petition for writ of mandamus which were not presented to the trial court.” In re Chu, 134 S.W.3d 459, 463 (Tex. App.—Waco 2005, orig. proceeding) (citing In re American Optical Corp., 988 S.W.2d 711, 714 (Tex. 1998) (orig. proceeding)).
cited Cited as authority (rule) In Re: Dream Dallas, LLC and Eiffel Holdings, LLC v. the State of Texas
Tex. App. · 2024 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding).
cited Cited as authority (rule) In Re Richard Scherer v. the State of Texas
Tex. App. · 2024 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding); In re Germania Select Ins.
cited Cited as authority (rule) In Re Energy Transfer LP, Enable Midstream Partners, LP, and Enable GP, LLC v. the State of Texas
Tex. App. · 2024 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding). 7 discretion to delay the decision on the merits of arbitrability until after discovery.” Id.
discussed Cited as authority (rule) In Re: Laura Lee Redman, Individually, Richard Redman, Individually, Brian G. Redman, Individually, Kristy L. Redman, Individually, Community Access, Inc., Redman Management, LLC, and Redman Legacy, LP v. the State of Texas (2×)
Tex. App. · 2023 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam).
cited Cited as authority (rule) In Re Home Depot U.S.A., Inc. v. the State of Texas
Tex. App. · 2023 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding).
discussed Cited as authority (rule) In Re Nancy Zhang v. the State of Texas (2×)
Tex. App. · 2023 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding).
cited Cited as authority (rule) in Re Nobel Leaf Holdings, LLC, Relator
Tex. App. · 2023 · confidence medium
Optical Corp., 988 S.W.2d 711, 714 (Tex. 1998) (orig. proceeding) (per 5 curiam).
discussed Cited as authority (rule) in Re: Quality Cleaning Plus, Inc.
Tex. App. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam); In re Colonial Pipeline, 968 S.W.2d at 941 ; see also In re Weekley Homes, L.P., 295 S.W.3d 309, 322 (Tex. 2009) (orig. proceeding).
cited Cited as authority (rule) in Re: Chamblee Ryan, P.C.
Tex. App. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding).
cited Cited as authority (rule) in Re: Central Mutual Insurance Company
Tex. App. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re the Texas Department of Family and Protective Services
Tex. App. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 714 (Tex. 1998) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re UPS Ground Freight, Inc.
Tex. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998).
cited Cited as authority (rule) in Re: Home State County Mutual Insurance Company D/B/A Safeco and Najeeba Aneesa Sabour
Tex. App. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re Maria Mireles-Poulat
Tex. App. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding).
discussed Cited as authority (rule) in Re Sylvia Hernandez
Tex. App. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam); see Rodriguez v. Cantu, 581 S.W.3d 859 , 866 (Tex. App.—Corpus Christi–Edinburg 2019, no pet.) (combined app. & orig. proceeding).
discussed Cited as authority (rule) in Re Gustavo Ramirez
Tex. App. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam); 13 see Rodriguez v. Cantu, 581 S.W.3d 859 , 866 (Tex. App.—Corpus Christi–Edinburg 2019, no pet.) (combined app. & orig. proceeding).
discussed Cited as authority (rule) in Re Rene Estrada
Tex. App. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam); see Rodriguez v. Cantu, 581 S.W.3d 859 , 866 (Tex. App.—Corpus Christi–Edinburg 2019, no pet.) (combined app. & orig. proceeding). 13 III.
cited Cited as authority (rule) in Re Skadden, Arps, Slate, Meagher & Flom LLP
Tex. App. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding).
cited Cited as authority (rule) in Re Christianson Air Conditioning & Plumbing, LLC and Continental Homes of Texas, Lp
Tex. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re Nicholas Marteny
Tex. App. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding).
cited Cited as authority (rule) in Re: Terri Cooley
Tex. App. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 714 (Tex. 1998) (orig. proceeding) (per curiam) (no adequate appellate remedy existed where trial court ordered overly broad discovery).
discussed Cited as authority (rule) in Re: XTC Cabaret (Dallas), Inc.
Tex. App. · 2022 · confidence medium
Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam); K Mart v. Sanderson, 937 S.W.2d 429, 431 (Tex. 1996) (orig. proceeding) (per curiam); Kern v. Gleason, 840 S.W.2d 730, 738 (Tex. App.—Amarillo 1992, orig. proceeding).
cited Cited as authority (rule) in Re: Aja Holman
Tex. App. · 2021 · confidence medium
Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding) (per curiam) (quoting Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995)).
cited Cited as authority (rule) in Re Rius Rentals, LLC and Franklin Pohlmann
Tex. App. · 2021 · confidence medium
Optical Corp., 988 S.W.2d 711, 714 (Tex. 1998) (orig. proceeding) (per curiam) (declining to consider in mandamus proceeding specific objections that were not raised in the trial court).
cited Cited as authority (rule) in the Interest of S.C. and K.C., Children
Tex. App. · 2021 · confidence medium
Optical Corp., 988 S.W.2d 711, 714 (Tex. 1998) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re Landstar Ranger, Inc.
Tex. App. · 2021 · confidence medium
Optical, 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding)).
cited Cited as authority (rule) in Re: William Van Haselen III
Tex. App. · 2021 · confidence medium
In re CSX Corp., 124 S.W.3d at 152 ; In re American Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998) (orig. proceeding).
Retrieving the full opinion text from the archive…
In Re AMERICAN OPTICAL CORPORATION, Relator
97-0872.
Texas Supreme Court.
Jul 3, 1998.
988 S.W.2d 711
John B. Wallace, Houston, Robert L. Red-fearn, Jr., Thomas R. Blum, New Orleans, LA, for Relator., Walter T. Weathers, Robert G. Taylor, II, Cletus P. Ernster, III, Robert G. Taylor, Houston, for Respondent.
Per Curiam.
Cited by 339 opinions  |  Published
Pinpoint authority: bottom 44%
PER CURIAM.

This is an original mandamus proceeding. In the underlying case, 140 plaintiffs seek damages for asbestos-related injuries, claiming among other things that relator manufactured and distributed defective respiratory protection products. In response to plaintiffs’ document requests, the trial court ordered relator to produce virtually every document ever generated relating to its products, without tying the discovery to the particular products the plaintiffs claim to[*712] have used. Because the order requires production well outside the bounds of proper discovery, we conditionally grant mandamus relief.

American Optical Corporation, one of the defendants below, manufactured and distributed a full line of respiratory protection equipment from 1940 until 1990. Plaintiffs, many of whom worked in shipyards, generally contend that they used American Optical’s equipment, and that defects in those products contributed to their injuries.

In May 1996, plaintiffs served on American Optical a 76-page document request, containing 221 separately numbered requests. These requests ask for virtually every document which American Optical ever generated regarding its equipment. Some illustrative examples follow:

15. All photographs, reproductions, videotapes, motion picture films, color photographs or color copies of photographs for any of [your respiratory protection products] which lists contain any of the following information: manufacturers’ name, brand name, type of product, ... the contents of the products, and name and address of a distributor of such products....
18. All documents that set forth the identity of the entities ... manufacturing, distributing, relabelling, supplying, selling, assembling, marketing or advertising [your respiratory protection products] which you sold or distributed....
19. All documents which describe the physical appearance of each of your [respiratory protection products] which you sold or distributed....
28. All documents which describe and all photographs, Xerox copies, color photographs, videotapes, or motion picture films, or color copies of photographs which show the physical appearance of the usual container (i.e.bags, boxes, sacks, etc.) of [your respiratory protection products]. This request includes not only your products, but all such documents in your possession or control.
29. All documents which set forth the wording of and all photographs which show any label or writing on any container of [your respiratory protection products]. This request includes not only your products, but all such documents in your possession or control.
33. All documents which would identify the name of each of [your respiratory protection products] which you relabelled after it was relabelled....
36. All photographs, color copies of photographs, video tapes, films, advertisements, product catalogues, manuals or other documents which show, illustrate, describe, refer to the contracts, refer to the uses, refer to the instructions for use, depict the containers or bags, contain warnings or cautions, refer to qualities, characteristics, capabilities, capacities and virtues of any of [your respiratory protection products] which were ... manufactured, distributed, rented, sold, relabelled, assembled, marketed, or advertised by the Defendant or any entity in which Defendant had or has any ownership interest. ...
108. True, correct and authentic copies of samples of all literature, sales brochures, or any other documents used in any way to advertise, or promote ... products used for respiratory protection whether written, photographic, video or electronically recorded, or reproduced or otherwise.

American Optical timely objected, contending that the document requests were over-broad because they were not tied to particular products which plaintiffs allegedly used or to the time periods of such use. At the subsequent discovery hearing, the court, with plaintiffs’ agreement, modified some of the 221 separate requests. Regarding one part of request 18, for example, where plaintiffs asked for all documents setting forth the identity of distributors, plaintiffs agreed to limit the request to distributors operating in those states where plaintiffs worked. Also, plaintiffs agreed that American Optical could respond to request 18 with a list of entities, rather than producing all documents relating to those entities. The trial court, however, did not significantly limit the other examples quoted above, other than by saying that American Optical need only conduct “reasonable” searches to respond to the expansive[*713] requests. Subject to the modifications, the trial court ordered American Optical to produce the requested documents.

American Optical seeks mandamus review. The court of appeals, after initially granting leave to file and hearing oral argument, withdrew leave to file as improvidently granted and denied relief, with one justice dissenting. We have stayed production of the documents.

This Court has repeatedly emphasized that discovery may not be used as a fishing expedition. See K Mart Corp. v. Sanderson, 937 S.W.2d 429, 431 (Tex.1996); Dillard Dep’t Stores, Inc. v. Hall, 909 S.W.2d 491, 492 (Tex.1995); Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex.1995). Rather, requests must be reasonably tailored to include only matters relevant to the case. See Texaco, 898 S.W.2d at 815. For example, in General Motors Corporation v. Lawrence, 651 S.W.2d 732, 734 (Tex.1983), a case alleging the defective design of the fuel filler neck of a particular model truck, we held that requests for fuel filler necks in every vehicle ever manufactured by General Motors were too broad. Similarly, in Dillard, a case involving false arrest, we held that a document request from the department store chain for every claims file or incident report over a five-year period involving false arrest, civil rights violations, or excessive use of force was too broad. 909 S.W.2d at 492. See also Texaco, 898 S.W.2d at 814-15 (in case alleging exposure to toxic chemicals, request for all documents written by defendant’s safety director concerning “safety, toxicology, and industrial hygiene, epidemiology, fire protection and training” was too broad); K Mart, 937 S.W.2d at 431 (in case involving abduction from defendant’s parking lot, request for a description of all criminal conduct occurring at that location during preceding seven years was too broad). An order compelling discovery that is well outside the proper bounds is reviewable by mandamus. See K Mart, 937 S.W.2d at 431-32.

Plaintiffs argue that they must be afforded latitude in a mass toxic-tort case such as this involving numerous plaintiffs and defendants. For example, until discovery takes place, individual plaintiffs may be uncertain about precisely what products they used at a particular shipyard at a particular time. We recognize these problems. This is why trial courts are vested with discretion over the course of discovery. See Dillard, 909 S.W.2d at 492 (“The scope of discovery is largely within the discretion of the trial court.”). A reasonably tailored discovery request is not overbroad merely because it may include some information of doubtful relevance, and we have specifically recognized that “[pjarties must have some latitude in fashioning proper discovery requests.” Texaco, 898 S.W.2d at 815.

This latitude is not unlimited, however. The trial court must make an effort to impose reasonable discovery limits. For example, the record reflects that plaintiffs have access to pictures of American Optical’s products that may allow them to identify the respirators they used. Also, plaintiffs presumably can identify the facility at which each plaintiff worked and the time-frame of that employment. Notably, American Optical contends that 100 of the 140 plaintiffs worked at one of two facilities, the Todd Shipyard in Galveston and the Ingalls Shipyard in Pascagoula, Mississippi, and that American Optical sold a very limited number of products to those facilities. Preliminary investigation of these background facts could significantly limit the scope of the document production. While the trial court has discretion in fashioning discovery, simply ordering a defendant to produce virtually all documents regarding its products for a fifty-year period is an abuse of that discretion. Plaintiffs’ document requests constitute the type of fishing expedition prohibited under K Mart, Dillard, and Texaco. The requests are not tied to particular products the plaintiffs claim to have used, and are not limited to time periods such use may have occurred.

American Optical contends that, due to the overbreadth, plaintiffs’ entire request for production should be struck. Alternatively, American Optical cites 125 specific requests which it contends are overbroad. The parties have presented general arguments regarding the proper scope of discovery, but have not specifically focused on each of these requests. Under these circumstances, rather than this Court attempting to set the precise[*714] bounds of discovery in the first instance, we believe the trial court should have an opportunity to reconsider its ruling in light of our opinion today.

American Optical also complains about numerous requests seeking documents relating to silica injuries or prior silica cases. American Optical argues that because the plaintiffs in this case allege only asbestos-related injuries, any documents relating to silica are not relevant. The record reflects, however, that American Optical did not raise this specific objection in the trial court, either in its written objections or during the trial court hearing. Because this argument was not presented to the trial court, we do not consider it here.

For the foregoing reasons, without hearing oral argument, we conditionally grant mandamus relief compelling the trial court to vacate its November 12, 1996, order compelling production of documents by American Optical. See Tex.R.App. P. 59.1. The trial court should reconsider plaintiffs’ motion to compel in light of this opinion.