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Tex Tox Toe



From Carter at ShopFloor a little while back, defendants are seeking to force action in a remarkable and dubious Texas environmental case:

The brief [by business groups] challenges the judge's handling of the lawsuit filed in Hidalgo County, one of the South Texas jurisdictions that constitute a "Judicial Hellhole" as described by the American Tort Reform Association. It's a far-fetched suit as 1,800 plaintiffs claim to be harmed by general exposure to chemicals going back to 1950. The case has also been dragging on for a decade, as the judge keeps allowing the plaintiffs to avoid defendants' efforts at discovery. The defendants can't even gain the most basic of information they need to mount a defense, such as the products supposedly involved, claimed exposures and basic causation.

Some more background: Christine G. Rolph and Valerie E. Torres, "Evolution of Mass Toxic Tort Litigation: Texas Levels the Playing Field", Latham & Watkins (PDF).

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.