Texas Supreme Court: Asbestos Cases

Our case-law library holds 15 asbestos decisions from the Texas Supreme Court (1989–2015). Each links to our summary and the full opinion.

• State: Texas
• Kind of court: State supreme court

Decisions

• Abutahoun v. Dow Chemical Company (2015). The Texas Supreme Court affirmed the court of appeals' judgment reversing the $2.64 million trial judgment and rendering a take-nothing judgment for Dow Chemical against the Henderson family.
• Bostic v. Georgia-Pacific Corp. (2014). The Texas Supreme Court affirmed the court of appeals' take-nothing judgment for Georgia-Pacific, holding that the plaintiffs' causation evidence was legally insufficient to support the jury verdict.
• Union Carbide Corporation v. Synatzske (2014). The Texas Supreme Court reversed the court of appeals, held that Dr. Prince's report did not satisfy the safety valve requirement and that Chapter 90 was not unconstitutionally retroactive as applied, and rendered judgment dismissing the Emmites' wrongful death suit against Union Carbide.
• Robinson v. Crown Cork & Seal Co., Inc. (2010). The Texas Supreme Court reversed the court of appeals, which had upheld summary judgment for Crown Cork & Seal, held Chapter 149 unconstitutionally retroactive as applied to the Robinsons' common-law claims, and remanded to the trial court.
• In re EI DU Pont DE Nemours and Company (2009). The Texas Supreme Court conditionally granted DuPont's mandamus petition and directed the trial court to state its reasons for disregarding the jury verdict and granting Whisnant a new trial; it declined to review the new-trial grounds themselves.
• In re Global Sante FE Corporation (2008). The Texas Supreme Court conditionally granted GlobalSantaFe's mandamus petition, directing the silica MDL pretrial court to vacate its order remanding John Lopez's Jones Act case, because Chapter 90's expert-report and MDL transfer provisions are not preempted, though the minimal-impairment requirement is.
• N RE General Electric Company (2008). The Texas Supreme Court held the trial court abused its discretion in denying General Electric, Warren Pumps and Ingersoll-Rand's forum non conveniens motions, and conditionally granted mandamus directing dismissal, against plaintiff Richards.
• Borg-Warner Corporation v. Flores (2007). The Texas Supreme Court reversed the court of appeals' judgment, which had affirmed Arturo Flores's jury verdict, and rendered judgment for Borg-Warner because the causation evidence was legally insufficient.
• Pustejovsky v. Rapid-American Corp. (2000). The Texas Supreme Court reversed the court of appeals' affirmance of summary judgment for Rapid-American on limitations grounds and remanded to the trial court, so Pustejovsky's mesothelioma suit may proceed.
• Todd Shipyards Corporation v. Perez (2000). The Texas Supreme Court denied Todd Shipyards' petition for review, leaving in place the court of appeals' reversal of summary judgment for Todd and in favor of Garcia's daughters; Justices Hecht and Owen dissented from the denial.
• Temple-Inland Forest Products Corp. v. Carter (1999). The Texas Supreme Court reversed the court of appeals' judgment to the extent it reinstated the plaintiffs' actual damages claims, and rendered judgment that Carter and Wilson take nothing against Temple-Inland, which won.
• In re Ethyl Corp. (1998). The Texas Supreme Court denied the petition for writ of mandamus, leaving in place the trial court's order setting twenty-two workers' asbestos premises claims for a single trial, so the defendants (Ethyl, USX, Todd Shipyards and Texas City Refining) lost and the plaintiffs won.
• Owens-Corning Fiberglas Corp. v. Malone (1998). The Texas Supreme Court affirmed both courts of appeals' judgments for the plaintiffs against Owens-Corning Fiberglas, holding any error in excluding OCF's mitigation evidence harmless and that the punitive awards, alone or aggregated with prior paid awards, did not violate due process.
• Able Supply Co. v. Moye (1995). The Texas Supreme Court conditionally granted mandamus for the defendants, ordering the trial court to vacate its denial of their motion to compel and to require plaintiffs to supplement their answers to interrogatory 30 within sixty days.
• Gaulding v. Celotex Corp. (1989). The Texas Supreme Court affirmed the court of appeals' judgment upholding summary judgment for Celotex, National Gypsum, U.S. Gypsum, Keene and GAF against the survivors of Ethel Gaulding.