Texas Supreme Court
In Re Pirelli Tire, L.L.C., Relator
November 2, 200751 Tex. Sup. Ct. J. 90
Summary
The Texas Supreme Court held that the trial court abused its discretion in denying Pirelli's forum‑non‑conveniens motion and conditionally granted mandamus relief, ordering dismissal of the suit in Mexico. The Court applied the Gulf Oil factors to determine that the private and public interests overwhelmingly favor a Mexican forum. Justice WILLETT, in a concurring opinion, and Justice JOHNSON, in a dissenting opinion, argued that the statutory language of §71.051(a) does not require the Gulf Oil balancing test and that the trial court's discretion should not be overridden.