Texas Supreme Court

In Re Van Waters & Rogers, Inc., Relator

September 3, 200447 Tex. Sup. Ct. J. 1172

Summary

The Texas Supreme Court held that the trial court abused its discretion by consolidating the claims of twenty toxic‑tort plaintiffs for trial and that the defendants lacked an adequate appellate remedy, thus granting mandamus relief to vacate the consolidation order. The Court applied the Maryland factors from In re Ethyl Corp. and the cautionary rule for immature torts from In re Bristol‑Myers Squibb to reach its decision.