Kelly-Moore Challenges Landmark Asbestos Verdict, Claims Juror Misconduct

ANGLETON, Texas -- Kelly-Moore Paint Co. has moved to overturn a landmark verdict, claiming that jurors' misconduct tainted their finding that Union Carbide did not fraudulently conceal the dangers of asbestos-containing products sold to the paint maker. Kelly-Moore Paint Co. v. Dow Chemical Co., et al., No. 19785 (Texas 23rd Dist. Ct., Brazoria Cty.).

In a motion filed Dec. 3 in the Texas 23rd District Court for Brazoria County, Kelly-Moore claims that jurors had access to a running documentary produced on the internet by the defendant, discussed the case prior to jury deliberations, and one juror in particular misrepresented a …