X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
On Petition for Writ of Mandamus

The fifteen relators in this original mandamus proceeding are defendants in a seven-year-old mass-tort suit involving 448 plaintiffs. *fn1 Relators seek relief from the trial court’s orders abating almost all discovery and allowing the plaintiffs’ counsel to pick which plaintiffs’ claims will be tried first. Many of the relators and other defendants who have since settled sought the same relief more than three years ago in mandamus petitions first to the court of appeals, which denied relief without opinion, *fn2 and then to this Court. We denied relief “without prejudice” to give the trial court “the opportunity to reconsider the abatement order” *fn3 in light of our then-recent opinion in In re Colonial Pipeline Co. *fn4 Relators immediately moved the trial court for such reconsideration, but after the trial court delayed ruling on their motion for a year, relators again petitioned the court of appeals for mandamus relief. While relators’ petition was pending there, the trial court denied relators’ motion. The court of appeals conditionally granted partial relief, *fn5 and relators have now returned here. We grant additional relief.

The underlying litigation was filed on August 25, 1994, by 454 plaintiffs (a few of whose claims have since been dismissed) who had worked at the Parker-Hannifin Corporation’s O-ring seal manufacturing facility in McAllen. They alleged that they had suffered personal injuries from exposure to what they called a “toxic soup” of chemicals in the plant environment, chemicals they claimed were made by or supplied to the plant by the 55 defendants originally named in the suit. After the case was removed to federal court and remanded, the defendants requested discovery from the plaintiffs by various means, most of which the plaintiffs simply ignored. Eventually, most of the plaintiffs produced some information regarding their claimed injuries and the possibly causative chemicals, but almost none of the information was specific enough to be meaningful. For example, in response to the following interrogatory -

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›

East Brunswick Law firm concentrating in plaintiff's personal injury, employment law, medical malpractice and worker's compensation seeks an...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›