The NFIB Legal Foundation filed a brief in Texas Supreme Court to support a mandamus petition in an asbestos case brought by a Maine plaintiff who has no contacts at all with Texas. In the first opinion of its kind, a Texas asbestos multidistrict litigation judge said that the case should be heard in Texas because the federal court system is an inadequate forum. If allowed to stand, the order could result in a flood of nonresident cases into Texas unless defendants are willing to give up their right to remove the cases to federal court based on diversity-of-citizenship jurisdiction.
The Texas Supreme Court recently decided to stay the court proceedings in this case and has asked for briefing by both sides. Our amicus brief argues that the court should grant defendant's mandamus petition to hear the case, enforce the spirit of the Texas venue reform law, and dismiss the case.
Status: PENDING. Amicus brief filed April 10, 2007.
