Texas Judge Retains Maine Case, Cites Possibility of Transfer to 'Black Hole'

HOUSTON -- The state asbestos MDL judge has denied a motion to dismiss a case brought in Texas by a Maine resident, opining that dismissal of the action on forum grounds would likely result in the case being transferred to the federal asbestos MDL, which he described as a historical 'black hole' for asbestos claims. Richards v. Carver Pump Co., et al., No. 2006-22, 116 (Texas Dist. Ct., Harris Cty.).

In a Sept. 6 letter to counsel, Judge Mark Davidson of the Harris County District Court noted that because the defendants would not waive their right to remove the case …