Defendants: Refusal to Strike Intervening Petition Creates 'Loophole' in Law

AUSTIN, Texas -- A defendant is urging Texas' highest court to weigh in on a trial court's decision to sever an intervening benzene petition instead of ruling on defense motions to strike the claims, saying the Texas Supreme Court has already disapproved such practices. In re: Union Carbide Corp. and Radiator Specialty Co., No. 07-0987 (Texas Sup. Ct.).

On Feb. 12, Union Carbide filed a reply brief in the high court supporting its petition, arguing that if the Texas Supreme Court were to allow the trial court's severance order to stand, a loophole will exist "whereby plaintiffs in multi-court jurisdictions …