law-asbestos-litigation | mesothelioma
ANOTHER NEW TRIAL - ANOTHER MANDAMUS TO GET THE TRIAL COURT TO JUSTIFY THE ACT
In Re E.I. Du Pont de Nemours and Co., No. 08-0625 (Tex. Jul. 3, 2009)(Johnson)
(mandamus granted: trial court's grant of new trial following jury verdict requires explanation; trial court ordered to
provide specific reason why new trial was granted despite jury verdict for the defense) (asbestos suit)
IN RE E.I. DU PONT DE NEMOURS AND COMPANY; from Jefferson County;
9th district (09-08-00318-CV, ___ SW3d ___, 07-24-08 Opinion of the Ninth Court of Appeals)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally
grants in part and denies in part the petition for writ of mandamus.
Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Brister, and
Justice Willett joined. [pdf - 3 pages]
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Medina, and Justice Green
joined. [pdf - 1 page]
In Re G.E. Co., No. 07-0195 (Tex. Dec. 5, 2008) (Phil Johnson)
(forum non conveniens mandamus granted ordering dismissal of local asbestos for refiling out of state)
IN RE GENERAL ELECTRIC COMPANY, ET AL.; from Harris County; 1st district (01-06-01105-CV, ___ SW3d ___,
03-02-07)
stay order issued March 20, 2007, lifted
The Court conditionally grants the petition for writ of mandamus.
Justice Johnson delivered the opinion of the Court.
(Justice O'Neill not sitting)
07-0956
BARBARA BEHRINGER, ET AL. v. ALCOA INC., (SUED INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO
REYNOLDS METAL COMPANY); from Dallas County; 5th district (05-06-00136-CV, 235 SW3d 456, 10‑11‑07, pet
denied Nov 2008) (asbestos exposure, multi-million award thrown out)