STORY FROM: Benzene & Emerging Toxic Torts Litigation

Court of Appeal Rules Trial Court Violated Venue Determination Procedure, Grants Writ of Mandamus

BEAUMONT, Texas -- A trial court's refusal to transfer a benzene complaint filed by a Texas couple was a violation of state law because a previous complaint filed by the same plaintiffs had already established venue for the case, a Court of Appeals has ruled. In re Shell Oil Company, et al., No. 09-03-325 CV (Texas Ct. App., Ninth Dist.).

On Jan. 22, the Texas Ninth District Court of Appeals cited a Texas law that prohibits rehearing on venue at the trial court level in its decision to grant a writ of mandamus filed by defendants Shell Oil Company, Pennzoil-Quaker ...

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