law-asbestos-litigation | asbestos liability | product liability litigation |
ASBESTOS LITIGATION ON APPEAL
Union Carbide & Hexion Specialty Chemicals, Inc v. Smith (Tex.App.- Houston [1st Dist.] Oct. 1,
2009)(Jennings)(asbestos case, independent contractors issue of control, exclusive remedy defense, Workers
Compensation Act).
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings
Before Justices Jennings, Alcala and Higley
01-08-00641-CV Union Carbide & Hexion Specialty Chemicals, Inc.'s v. Oliver D. Smith
and Peggy Ann Bowen Smith
Appeal from 122nd District Court of Galveston County
Trial Court Judge: Hon. John Ellisor
Ross v. Union Carbide Corp. (Tex.App.- Houston [14th Dist.] Aug. 25, 2009) (en banc opinion by Guzman)
(survivors' asbestos claims for exemplary damages and loss of consortium barred by release signed by worker
prior to his death)
AFFIRMED: Opinion by Justice Eva Guzman
Before Price, Chief Justice Hedges, Justices Brock Yates, Anderson, Frost, Seymore, Guzman, Brown and
Sullivan
14-07-00860-CV Marjorie Ross, Joan Seelback, Timothy R. Ross, James R. Ross, Billy R. Ross and Robert R.
Ross v. Union Carbide Corporation
Appeal from 133rd District Court of Harris County
Trial Court Judge: Lamar McCorkle
Concurring Opinion by Justice Frost in Marjorie Ross, Joan Seelback, Timothy R. Ross, James R. Ross,
Billy R. Ross and Robert R. Ross v. Union Carbide Corporation (no point in en banc review)
Concurring Opinion by Senior Justice Price in Marjorie Ross, Joan Seelback, Timothy R. Ross, James R.
Ross, Billy R. Ross and Robert R. Ross v. Union Carbide Corporation (disagreeing with supreme court
precedent and reluctantly concurring)
Exxon Mobil Corp. (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Substitute Opinion by Seymore)
(judgment for exemplary damages reversed, malice finding, sufficiency of evidence)
REVERSED AND RENDERED: Opinion by Justice Seymore
14-04-01133-CV Exxon Mobil Corporation v. Louise Altimore
Appeal from 405TH District Court of Galveston County
Trial Court Judge: Wayne J. Mallia
Exxon Mobil Corp. v. Altimore (Tex.App. - Houston [14th Dist.] Apr. 19, 2007)(Anderson)(substitute opinion on
second motion for rehearing, asbestos liability, no duty owed, appeals courts reversed judgment for plaintiff on
jury verdict)
REVERSED AND RENDERED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Seymore
14-04-01133-CV Exxon Mobil Corporation v. Louise Altimore
Appeal from 405th District Court of Galveston County
Justice Seymore wrote a concurring opinion in Exxon v. Altimore
Georgia-Pacific Corp. v. Stephens (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(Bland)
(workplace injury, asbestos, proof of causation, expert testimony, jury award reversed, take-nothing judgment
rendered)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland
(Before Justices Alcala, Hanks and Bland)
01-05-00132-CV Georgia-Pacific Corporation v. Fred Stephens and Betty Stephens
Appeal from 23rd District Court of Brazoria County (Hon. Ben Hardin)
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