Q: Explain the Continental General Tire.
Continental General Tire: Tex 98
1. facts: tread separtes from belt on tire and want to know skim stock forumla to test theory
2. 507 “prevent fraud and injustice”; R. 507 “accomdates both interest by req’ing a party to dislcose only if necessary to preven tfraud/injust” meaning disclose if necessary for a fair adjudication of the requesting party’s claims or defenses
3. procedure!
i. party resisting must est. info is trade secret
ii. burden shifts to party seeking info to show disclosure necessary for fair adjudication
iii. tc should weight degree of need for info w/ potential harm for disclosure to resisting party & then grant/overrule and put in whatever restraints are practicable and necessary (need v. burden)
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