Texas Supreme Court Instructs Trial Court to Vacate Severance Order

AUSTIN, Texas -- The Texas Supreme Court has weighed in on a dispute involving intervening benzene plaintiffs, opining that the trial court erred when it severed the petition instead of ruling on a defense motion to strike their claims. In re: Union Carbide Corp. and Radiator Specialty Co., No. 07-0987 (Texas Sup. Ct.).

In a Nov. 14 opinion, the high court instructed the trial court to vacate the severance order and instead grant a motion by Union Carbide to strike the intervening petition.

The underlying claims were asserted by Kenneth Moffett, who contends that exposure to benzene caused his …