Judge Calls Hearing on Use of Borg-Warner for Responsible Third Parties

HOUSTON -- The judge overseeing the consolidated Texas asbestos MDL has granted a plaintiff's no-evidence motion for summary judgment, which claimed that the defendants had to quantify dose with regard to responsible third parties in order to shift blame on them at trial. Bailess, et al. v. Kaiser Gypsum, et al., No. 2006-20461 (Texas 11th Jud. Dist. Ct., Harris Cty.).

On July 2, Judge Mark Davidson of the 11th Judicial District Court for Harris County alerted counsel via e-mail that the plaintiffs' motion was granted, but scheduled an "In re" hearing to address the issue as it pertains in the …