Texas Court Maintains Position that Retroactive Application of Chapter 90 is Unconstitutional

HOUSTON –– A Texas appellate court has reiterated its stance in the case of an asbestos plaintiff who passed away before the enactment of the state’s medical criteria legislation, saying that there is “no compelling reason” to retroactively apply Chapter 90. Union Carbide Corp. v. Synatzske, et al., No. 01-09-01141-CV (Texas Ct. App., 1st Dist.).

“Indeed, its application would only serve to shield Union Carbide from tort liability to claimants whom Chapter 90 was enacted, in large part, to protect,” the Texas 1st District Court of Appeals ruled June 28.

The lawsuit was brought on behalf of Joseph Emmite Sr., …