Case Updates
Outcome
December 05, 2008
The Texas Supreme Court rejected a lower court ruling deciding that a Texas asbestos multi-district litigation case should be heard in state court because the federal court system is an inadequate forum. In so holding, the court interpreted the Texas forum non conveniens statute to strictly limit the discretion of the trial court whether to hear a case, and concluded that the trial court should not have heard this case.
U.S. Chamber files amicus brief regarding forum non conveniens and the adequacy of a federal forum
April 10, 2007
NCLC filed an amicus brief urging the Texas Supreme Court to dismiss under the doctrine of forum non conveniens an asbestos case brought by a Maine plaintiff who has no contacts with Texas. In what is believed to be the first opinion of its kind, the Texas asbestos multi-district litigation judge said the case should be heard in Texas because the federal court system is an inadequate forum. The state high court recently decided to stay the court proceedings. In its brief, NCLC argued that the high court should grant the defendant’s mandamus petition to hear the case, enforce the letter and spirit of the Texas forum non conveniens statute, and dismiss the case.