Trial Court Erred in Dismissing 45 Asbestos Cases, Texas Court of Appeals Rules

DALLAS - A state trial court erred when it declared a Texas procedural statute unconstitutional and dismissed 45 asbestos personal injury cases based on the doctrine of forum non conveniens, a Texas Court of Appeals has determined upon rehearing. Sewell, et al. v. Owens Corning Fiberglas Corp. et al., No. 05-97-01136-CV (Texas Ct. App., 5th Dist.).

Finding that defendant Owens Corning Fiberglas Corp. failed to provide clear and adequate reasons why the cases should be dismissed, the appellate court on Aug. 31 reversed the trial court's ruling and remanded the cases for further proceedings consistent with its opinion.

Owens Corning …