Rule 11 Agreement Doesn't Cure Service Defect in Asbestos Case, Court Says

CORPUS CHRISTI, Texas - A Texas appeals court has reversed a default judgment entered against an asbestos defendant that claimed it had been improperly served and, as a result, was not under the court's jurisdiction when it entered the judgment. Combustion Engineering, Inc. v. Betty Ann Vukich, et al., No. 13-01-750-CV (Texas App. Ct., 13th Dist.).

The Nov. 21 decision is based on a finding that a rule 11 agreement reached between counsel for both parties was not in compliance with state law and, therefore, could not cure defects in the service of process.

Reached approximately one year earlier in …