High Court Doesn't Have Discretion to Overturn Retrial Order, Plaintiffs Say

AUSTIN, Texas -- Plaintiffs responding to a writ of mandamus filed in the Texas Supreme Court, stated that because the trial court had jurisdiction over the welding fume case when it ordered the case's third trial, the defendants cannot appeal that order. In re: The Lincoln Electric Co., et al., No. 05-1095 (Texas Sup. Ct.).

In the Feb. 16 response, the plaintiffs also claim that 'although the trial court did not need to state in further detail its reasons for granting a new trial, it had good ones available.'

Among those good reasons for allowing the claims of Ronald and …