Texas Court Granted Unopposed Motion to Dismiss Borg-Warner Dispute

HOUSTON -- The Texas 14th Court of Appeals has granted an unopposed motion to dismiss an appeal in which asbestos plaintiffs asked the court to accept its interpretation of admissibility guidelines outlined in the Supreme Court's Borg-Warner decision. Bailess, et al. v. Kelly-Moore Paint Co. Inc., No. 04-08-00886-CV (Texas 14th Ct. App.).

In a one-page order issued Dec. 3, the court dismissed the appeal without reason.

According to briefs filed in the dispute, the plaintiffs supported a reading of Borg-Warner in which they had to establish that a defendant's product contributed to the cumulative dose that is sufficient to …