Texas Supreme Court

Barbara Robinson v. Crown…

October 22, 201054 Tex. Sup. Ct. J. 71

Summary

The Texas Supreme Court held that Chapter 149 of the Texas Civil Practice and Remedies Code, as applied to the Robinsons' common‑law asbestos claims, violates the retroactivity prohibition of Article I, § 16 of the Texas Constitution and therefore reversed the Court of Appeals judgment and remanded the case. The Court also noted that the statute lacks a compelling public interest to justify impairing the plaintiffs' vested rights. Separate concurring and dissenting opinions contest the majority’s analytical approach.