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Click here for the full text of this decision FACTS:Several defendants in the first multidistrict litigation court for asbestos claims in Texas filed a motion to establish an unimpaired docket. The remaining defendants filed pleadings in support of the motion. In one hearing, the parties argued over different proposed docket control orders for the litigation. In a second hearing, the parties discussed use of a “Fast Track” docket control order, which would divide the plaintiffs into two different tracks based on the stage of their alleged injuries. The defendants wanted to use the ABA Standard for Non-Malignant Asbestos-Related Disease Claims as the standard by which to divide the plaintiff class. An evidentiary hearing followed, at which the defendants presented an expert who testified in support of adopting the ABA criteria. The MDL court denied the motion, so the defendants filed for a writ of mandamus. HOLDING:Writ denied. The validity of the ABA criteria is in dispute, and the defendants are not entitled as a matter of law to the relief sought, the establishment of an unimpaired docket based on those criteria, regardless of whether the MDL court’s stated conclusions of law are correct. “It is clear from the records from all three hearings, as well as from the court’s standing Case Management Order, that the MDL Court is diligently attempting to deal efficiently with the difficult and challenging issues presented by the massive MDL docket. No abuse of discretion has been shown.” OPINION:Per curiam; Edelman, Murphy and Mirabal, JJ.

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