Forum

Texas Supreme Court

Case Status

Decided

Docket Number

06-0714

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Case Updates

Texas Supreme Court reverses intermediate appellate court's decision

October 22, 2010

U.S. Chamber addresses application of Asbestos Reform Act to pending claims

August 02, 2007

NCLC urged the Texas Supreme Court to affirm the intermediate appellate court’s decision that Texas’ effort to rationalize successor liability in the context of asbestos litigation could be applied to cases pending at the time of enactment of the act without violating the Texas constitution. Recognizing the profound unfairness of holding successor companies liable for damages far exceeding the net worth of the company at the time of transfer, the Texas legislature in 2003 enacted limitations on damages awards against successor companies. In its brief, NCLC illustrated the asbestos litigation crisis ongoing in American and particularly Texan courts and described numerous bankruptcies caused by asbestos litigation.

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