Supreme Court

Case: 03-0895    
03-0895
09/30/2003
Multidistrict Litigation
UNION CARBIDE 
AUDREY AMELIA ADAMS, ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/14/2004Multidistrict Litigation Filing   Notice of Transfer under Rule 13 of Tag-Along Case:  Donnie Hines, Et Al. v. A.K. Steel Corporation, Et Al.; filed by Richard Faulk
12/23/2003Multidistrict Litigation letter receivedRespondent LETTER FROM SUSAN HAYS INCLUDING LETTER FROM JUDGE DARRELL HESTER (5TH ADMIN JUD REG) FINDING THAT PRETRIAL JUDGE WOULD NOT PROMOTE EFFICIENT CONDUCT OF ASBESTOS CASES & DENYING UNION CARBIDE'S MOTION FOR RULE 11 PRETRIAL JUDGE.
12/11/2003Multidistrict Litigation letter receivedOther than Petitioner, Respondent, Relator etc. Letter from Robert E. Thackston requesting five minutes to address the MDL Panel during hearing on December 12.
12/10/2003Multidistrict Litigation Filing Respondent Objections of Charles Siegel regarding statements contained in letter dated Dec. 4 from Thackston, Henderson & Horne.  
12/10/2003Multidistrict Litigation Filing Respondent Letter from Charles Siegel objecting to joinder submitted by David Landin.
12/10/2003Multidistrict Litigation Joinder filedOther than Petitioner, Respondent, Relator etc. Joinder in Opposition of all Plfs represented by Clark, Depew & Tracey, Ltd. LLP (filed by Gary M. DiMuzio)
12/08/2003Multidistrict Litigation Joinder filedOther than Petitioner, Respondent, Relator etc. letter of joinder of Hunton & Williams by David Landin stating letter from Messrs. Thackston, Henderson & Horne reflect issues of consolidation under Rule 13 and Rule 11
12/08/2003Multidistrict Litigation Joinder filedOther than Petitioner, Respondent, Relator etc. Joinder in opposition of all Plfs represented by Bruegger & McCullough, P.C.; filed by Joseph Bruegger
12/08/2003Multidistrict Litigation Joinder filedOther than Petitioner, Respondent, Relator etc. Joinder of Segal McCambridge for Garlock in support of Union Carbide's motion to transfer all cases; filed by Nathan Horne of Segal McCambridge
12/08/2003Multidistrict Litigation supplemental Respondent Resp's additional evidence:  1) excerpt from 4/3/01 hearing; 2)Plf's respon to Def's mo to strike expert testimony; 3)Garlock's 1st amend. motion to adopt; 4)Plf's response to Garlock's 1st amend motion to adopt; 5)Order denying Garlock's motion to adopt
12/08/2003Multidistrict Litigation Filing Other than Petitioner, Respondent, Relator etc. Statement of Position of E. I. Du Pont de Nemours & Co. on Union Carbide's Corp's motion for transfer; filed by Larry Cotten of Cotten Schmidt, LLP.
12/05/2003Multidistrict Litigation supplemental Movant Plfs' supplemental response to motion for transfer; filed by Ian P. Cloud
12/05/2003Multidistrict Litigation Joinder filedOther than Petitioner, Respondent, Relator etc. Joinder in Opposition of Plfs of all Plfs represented by Mundy & Singley, LLP; filed by Jeffery Mundy
12/05/2003Multidistrict Litigation Joinder filedOther than Petitioner, Respondent, Relator etc. Notice of joinder of Plfs represented by the Law Firm of Hissey*Kientz, LLP to response to motion for transfer; filed by Karen E. Cannon
12/05/2003Multidistrict Litigation Joinder filedOther than Petitioner, Respondent, Relator etc. Law Firm of Hissey, Kientz & Herron's joinder in response to motion for transfer filed by Waters & Krauss, LLP; filed by Erik B. Walker
12/05/2003Multidistrict Litigation Joinder filedOther than Petitioner, Respondent, Relator etc. Joinder of Union Carbide's motion for transfer & consolidated reply in support of motion for transfer; filed by David Tolin of Entergy Gulf States, Inc.
12/05/2003Multidistrict Litigation Filing Movant 1)granted order in the 408th Dist Court; 2)opinion from CA-In re Union Carbide; 3)standing order variances (handout); 4) inconsistencies in special exception rulings (handout); 5)known asbestos cases filed against Union Carbide (handout)
12/05/2003Multidistrict Litigation Joinder filedOther than Petitioner, Respondent, Relator etc. Notice from Hawkins, Parnell & Thackston in support of transfer of all asbestos cases pending throughout Tx to one judge under the new MDL rule.
12/05/2003Multidistrict Litigation Joinder filedOther than Petitioner, Respondent, Relator etc. Joinder in opposition of all Plfs represented by Provost*Umphrey Law Firm, LLP.; request that Panel deny the relief requested by movants
12/05/2003Multidistrict Litigation Joinder filedOther than Petitioner, Respondent, Relator etc. Joinder of Mehaffy Weber for Dow Chemical Co. & the Abbott, Simses & Kuchler firm (defs in asbestos cases pending in TX) supports Union Carbide's motion for transfer; filed by Paul Heyburn of Mehaffy Weber
11/20/2003Reply to ResponseMovant Union Carbide's consolidated reply in support of motion for transfer.  (filed by Stephen Tipps)
10/30/2003Exhibits in case/cause filedRespondent standing orders in the Texas Courts for resolving asbestos litigation, filed as exhibits to motion for leave to file evidence, Volumes 1 & 2, on behalf of respondents
09/30/2003Multidistrcit Litigation Motion to TransferMovant
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2003Dissenting opinion issued.  Dissenting opinion by Justice Castillo.  Available on Supreme Court website.
12/30/2003Dissenting opinion issued.  Dissenting Opinion by Justice Kidd.  Available on Supreme Court website.
12/30/2003Per Curiam Opinion  Available on Supreme Court website
12/30/2003Multidistrict Litigation Motion to Transfer disposedFiling granted Per Curiam opinion issued.  Dissenting opinions by Justice Kidd and Justice Castillo.
12/23/2003Multidistrict Litigation letter received  LETTER FROM SUSAN HAYS INCLUDING LETTER FROM JUDGE DARRELL HESTER (5TH ADMIN JUD REG) FINDING THAT PRETRIAL JUDGE WOULD NOT PROMOTE EFFICIENT CONDUCT OF ASBESTOS CASES & DENYING UNION CARBIDE'S MOTION FOR RULE 11 PRETRIAL JUDGE.
12/11/2003Multidistrict Litigation letter received  Letter from Robert E. Thackston requesting five minutes to address the MDL Panel during hearing on December 12.
12/11/2003Notice setting hearing in Multidistrict Litigation Case  Letter sent to parties regarding time to argue at hearing on December 12, 2003.
12/10/2003Multidistrict Litigation Filing   Objections of Charles Siegel regarding statements contained in letter dated Dec. 4 from Thackston, Henderson & Horne.  
12/10/2003Multidistrict Litigation Filing   Letter from Charles Siegel objecting to joinder submitted by David Landin.
12/10/2003Multidistrict Litigation notice received  Notice of attorneys who plan to present during oral presentation on December 12, 2003. (filed by Susan Hays)
12/10/2003Multidistrict Litigation Joinder filed  Joinder in Opposition of all Plfs represented by Clark, Depew & Tracey, Ltd. LLP (filed by Gary M. DiMuzio)
12/09/2003Adoption by another party of brief already filed  Joinder in opposition of all Plaintiffs represented by Shrader & Williamson LLP (filed by Justin Shrader)
12/09/2003Multidistrict Litigation notice received  Letter from Stephen Tipps stating that Union Carbide requests Tipps & Elliston to appear before MDL Panel at hearing on December 12.
12/08/2008Adoption by another party of brief already filed  Ashland, Inc. and Hess Corp's Adoption of MDL Liaison Comm's motion to continue appointment of Judge Mark Davidson as pretrial judge (filed by B. Stephen Rice)
12/08/2003Multidistrict Litigation Joinder filed  letter of joinder of Hunton & Williams by David Landin stating letter from Messrs. Thackston, Henderson & Horne reflect issues of consolidation under Rule 13 and Rule 11
12/08/2003Multidistrict Litigation Joinder filed  Joinder in opposition of all Plfs represented by Bruegger & McCullough, P.C.; filed by Joseph Bruegger
12/08/2003Multidistrict Litigation Joinder filed  Joinder of Segal McCambridge for Garlock in support of Union Carbide's motion to transfer all cases; filed by Nathan Horne of Segal McCambridge
12/08/2003Multidistrict Litigation supplemental   Resp's additional evidence:  1) excerpt from 4/3/01 hearing; 2)Plf's respon to Def's mo to strike expert testimony; 3)Garlock's 1st amend. motion to adopt; 4)Plf's response to Garlock's 1st amend motion to adopt; 5)Order denying Garlock's motion to adopt
12/08/2003Multidistrict Litigation Filing   Statement of Position of E. I. Du Pont de Nemours & Co. on Union Carbide's Corp's motion for transfer; filed by Larry Cotten of Cotten Schmidt, LLP.
12/05/2008Adoption by another party of brief already filed  Sterling Chemicals, Inc's Adoption and Joinder of Asbestos MDL Liaison Comm's Motion to Continue the appointment of Judge Mark Davidson as pretrial judge (filed by Fred Raschke)
12/05/2003Multidistrict Litigation supplemental   Plfs' supplemental response to motion for transfer; filed by Ian P. Cloud
12/05/2003Multidistrict Litigation Joinder filed  Joinder in Opposition of Plfs of all Plfs represented by Mundy & Singley, LLP; filed by Jeffery Mundy
12/05/2003Multidistrict Litigation Joinder filed  Notice of joinder of Plfs represented by the Law Firm of Hissey*Kientz, LLP to response to motion for transfer; filed by Karen E. Cannon
12/05/2003Multidistrict Litigation Joinder filed  Law Firm of Hissey, Kientz & Herron's joinder in response to motion for transfer filed by Waters & Krauss, LLP; filed by Erik B. Walker
12/05/2003Multidistrict Litigation Joinder filed  Joinder of Union Carbide's motion for transfer & consolidated reply in support of motion for transfer; filed by David Tolin of Entergy Gulf States, Inc.
12/05/2003Multidistrict Litigation Filing   1)granted order in the 408th Dist Court; 2)opinion from CA-In re Union Carbide; 3)standing order variances (handout); 4) inconsistencies in special exception rulings (handout); 5)known asbestos cases filed against Union Carbide (handout)
12/05/2003Multidistrict Litigation Joinder filed  Notice from Hawkins, Parnell & Thackston in support of transfer of all asbestos cases pending throughout Tx to one judge under the new MDL rule.
12/05/2003Multidistrict Litigation Joinder filed  Joinder in opposition of all Plfs represented by Provost*Umphrey Law Firm, LLP.; request that Panel deny the relief requested by movants
12/05/2003Multidistrict Litigation Joinder filed  Joinder of Mehaffy Weber for Dow Chemical Co. & the Abbott, Simses & Kuchler firm (defs in asbestos cases pending in TX) supports Union Carbide's motion for transfer; filed by Paul Heyburn of Mehaffy Weber
12/03/2008Multidistrict Litigation Order sent  Reappointment of MDL Judge Mark Davidson effective January 1, 2009 sent to parties
12/03/2008Miscellaneous motion disposed. See Remarks.Filing granted Asbestos MDL Liaison Committee's Motion to Continue the appointment of Judge Mark Davidson as the Texas Asbestos MDL Pretrial Judge (filed by Brady Edwards) granted
12/03/2003Notice setting hearing in Multidistrict Litigation Case  Letter states parties may use summary or flip charts for oral argument demonstratives as long as sufficient number of copies provided for Panel and opposing counsel.  New filings may not be submitted on day of hearing.  
12/01/2003Letter Received  Letter from S. Tipps stating that MDL panel members  have been provided with copies of evidence filed by both sides.  
11/29/2005Multidistrict Litigation Order sent  Order concerning pre-September 1, 2003 Asbestos cases.  Panel designates Judge Mark Davidson of the 11th Dist. Court of Harris County as Pretrial Judge in any cases that were filed before 9/1/03 & are transferred to MDL pursuant to section 90.010 or any rules promulgated by the SC to effectuate Chapter 90.
11/29/2004Multidistrict Litigation notice received  Notice of Transfer under Rule 13 of Tag-Along Case:  Ricky Ray Molano, et al v. Georgia-Pacific Corp, et al; Cause No. 04-10315-G from 134th Judicial Dist of Dallas County; sent by Joy E. Palazzo (atty for Def Alcoa, Inc.)
11/26/2008Adoption by another party of brief already filed  Montello, Inc's Rule 58 Adoption and Joinder in the Asbestos MDL Liason Committee's Motion to Continue the Appointment of Judge Mark Davidson as the Tx Asbestos MDL Pretrial Judge (filed by Pamela Montgomery)
11/26/2008Adoption by another party of brief already filed  Def U.S. Contractors, Inc., et al's Adoption of "In the Asbestos MDL Liason Committee's Motion to Continue the Appointment of Judge Mark Davidson as the Tx Asbestos MDL pretrial judge" (filed by Fred Raschke)
11/26/2003Notice setting hearing in Multidistrict Litigation Case  Letter to parties regarding the hearing on Union Carbide's Motion for Transfer.  Hearing is set for 12/12/03 @ 9 a.m. in courtroom of 3rd COA (see letter for more information).
11/24/2008Adoption by another party of brief already filed  Certain Def's (FMC Corporation) adoption and joinder of MDL Liaison Comm's Motion to Continue the appointment of Mark Davidson as pretrial judge (filed by Brad Robinson)
11/21/2008Adoption by another party of brief already filed  H.B. Zachry Co's Adoption and Joinder in Asbestsos Liaison Comm's Motion to Continue the appointment of Judge Mark Davidson as pretrial judge (filed by James Tatem, III)
11/21/2008Adoption by another party of brief already filed  Clardy Law Offices' Joinder in the Asbestos MDL Liaison Committee's Motion to Continue the Appointment of Judge Mark Davidson as Tx Asbestos MDL Pretrial Judge
11/21/2008Adoption by another party of brief already filed  Funderburk & Funderburk LLP's joinder in Asbestos MDL Liaison Committee's motion to continue the appointment of Judge Mark Davidson as the Texas Asbestos MDL pretrial judge (filed by Mary Ann Dougharty)
11/21/2008Adoption by another party of brief already filed  Law firm of Elizabeth Phifer & Colvin, LLP's adoption and joinder of attorneys representing interested parties in the Asbestos MDL Liaison Committee's Motion to Continue the appointment of Judge Mark Davidson as the Texas Asbestos MDL Pretrial Judge (filed by Elizabeth Phifer)
11/20/2008Adoption by another party of brief already filed  Certain Def's (Riley Power Inc. f/k/a Riley Stoker Corp.) Adoption and Joinder in the Asbestos MDL Liaison Committee's motion to continue the appointment of Judge Mark Davidson as the Tx Asbestos pretrial judge (filed by Bridgett N. Whitmore)
11/20/2008Adoption by another party of brief already filed  The firm of Deans & Lyons, LLP's joinder in the asbestos MDL Liaison Committee's Motion to Continue the appointment of Judge Mark Davidson as the Texas Asbestos MDL Pretrial Judge (filed by Gregory Dean)
11/20/2003Appendix to any instrument  Union Carbide's appendix to its consolidated reply in support of motion for transfer - 4 volumes  (filed by Stephen Tipps)
11/20/2003Reply to Response  Union Carbide's consolidated reply in support of motion for transfer.  (filed by Stephen Tipps)
11/19/2008Adoption by another party of brief already filed  Bean, Bean & Brothers LLP's joinder in the Asbestos MDL Liaison Committee's motion to continue the appointment of Judge Mark Davidson as the Texas Asbestos MDL pretrial judge (filed by Melanie D. Bean)
11/19/2008Adoption by another party of brief already filed  Powers & Frost, LLP's joinder in the Asbestos MDL Liaison Committee's Motion to Continue the appointment of Judge Mark Davidson as the Texas Asbestos MDL pretrial judge (filed by James Powers)
11/18/2008Adoption by another party of brief already filed  Ramsey & Murray, PC's joinder in the Asbestos MDL Liaison Committee's motion to continue the appointment of Judge Mark Davidson as the Tx Asbestos MDL pretrial judge (filed by Russell Ramsey)
11/18/2003M/L/F Misc Mo DispFiling granted Union Carbide's m/l/f evidence granted.  Letter sent out to both Respondent and Movant on November 18, 2003.
11/18/2003M/L/F Misc Mo DispFiling granted Union Carbide's m/l/f to exceed page limits granted.  Letter sent to both Movant and Respondent on November 18, 2003.
11/18/2003M/L/F Misc Mo DispFiling granted Motion for leave to file evidence on behalf of respondents was granted.
11/18/2003Motion to Extend Length of Petition, Response or Reply disposedFiling granted Motion for leave to exceed page limits  of response on behalf of respondents
11/17/2008Adoption by another party of brief already filed  Yarway Corp.'s adoption and joinder of certain defendants, the Lanier Law Firm, and attys representing interested parties in the Asbestos MDL Liaison Committee's motion to continue the appointment of Judge Mark Davidson as the Tx Asbestos MDL pretrial judge (filed by Denise Scofield)
11/17/2008Motion to Expedite disposedFiling granted Asbestos MDL Liaison Committee's motion to expedite is granted; motion to continue is pending - any party that desires to express opposition to the motion to continue Judge Mark Davidson as pretrial judge must file its statement of opposition by Friday, November 21.
11/14/2008Adoption by another party of brief already filed  Metropolitan Life Insurance Company's adoption of the Asbestos MDL Liaison Committee's motion to continue the appointment of Judge Mark Davidson as the Tx Asbestos MDL pretrial judge (filed by Kenneth Rhodes)
11/14/2008Adoption by another party of brief already filed  Joinder in the Asbestos MDL Liaison Committee's motion to continue the appointment of Judge Mark Davidson as the Tx Asbestos MDL pretrial judge (filed by Jennifer Bryant)
11/13/2008Motion to Expedite Filed  Motion to expedite consideration of the Asbestos MDL Liaison Committee's Motion to Continue the Appointment of Judge Mark Davidson as the Texas Asbestos MDL Pretrial Judge (filed by Brady Edwards)
11/13/2003Motion for leave to file miscellaneous motion  Union Carbide's motion for leave to exceed page limits. (filed by Stephen Tipps)
11/13/2003Motion for leave to file miscellaneous motion  Union Carbide's motion for leave to file evidence.  (filed by Stephen Tipps)
11/12/2008Miscellaneous Motion  Asbestos MDL Liaison Committee's Motion to Continue the appointment of Judge Mark Davidson as the Texas Asbestos MDL Pretrial Judge (filed by Brady Edwards)
11/10/2005Miscellaneous Motion  Joint motion to clarify or modify scope of appointment order (filed by Stephen Tipps)
11/06/2003Letter Received  Letter from Susan Hays stating Plf's response to motion for transfer filed on 10/29/03 was joined by several law firms.  Letter contains list of firms who would like to join response.  
11/02/2008Appendix to any instrument  Appendix in support of Asbestos MDL Liaison Committee's motion to continue the appointment of Jude Mark Davidson as the Tx Asbestos MDL Pretrial Judge (filed by Brady Edwards)
10/30/2003Motion for leave to file miscellaneous motion  Motion for leave to file evidence on behalf of respondents
10/30/2003Motion to Extend Length of Petition, Response, and Reply filed  Motion for leave to exceed page limits  of response on behalf of respondents
10/30/2003Exhibits in case/cause filed  standing orders in the Texas Courts for resolving asbestos litigation, filed as exhibits to motion for leave to file evidence, Volumes 1 & 2, on behalf of respondents
10/30/2003Response to Motion filed  Response to motion for transfer on behalf of respondents
10/29/2003Response to Motion filed  Response to Union Carbide's motion for transfer of asbestos-exposure cases filed on behalf of Oilfield workers'
10/23/2003Response to Motion filed  Alcoa Inc's Response to Union Carbide's motion to transfer (filed by Diana Panian).
10/14/2003Motion for Extension of Time to File Response disposedFiling granted Agreed m/e/t to file response and reply was granted.  Response is due on October 29, 2003 & reply is due November 13, 2003.
10/10/2003Motion for Extension of Time to File Response  Agreed m/e/t to file response and reply (filed by Susan Hays)
09/30/2003Appendix to any instrument  Appendix attached
09/30/2003Multidistrcit Litigation Motion to Transfer 
09/14/2004Multidistrict Litigation Filing   Notice of Transfer under Rule 13 of Tag-Along Case:  Donnie Hines, Et Al. v. A.K. Steel Corporation, Et Al.; filed by Richard Faulk
08/30/2004Document filed (see remarks)  Notice of Transfer under Rule 13 of Tag-Along Case; Case No. 03CV1644; Bass, et al. v. Air Liquide America Corporation, et al.
08/23/2004Document filed (see remarks)  Notice of Transfer under Rule 13 of Tag-Along Case; Alvin Cantrell, et al. v. A.K. Steel Corporation, et al.
08/16/2004Document filed (see remarks)  Notice of Transfer under Rule 13 of Tag-Along Case; Boswell, et al v. Alcoa, Inc., et al.-Cause No. 2003-66768
08/09/2004Document filed (see remarks)  Notice of Transfer under Rule 13 of Tag-Along Case (filed by Mary Lou Strange)
06/01/2009Case Stored  G02 15-A-1 (6 folders)
04/03/2017Appointment of Pretrial Judge   The pretrial judge in the captioned MDL proceeding, the Honorable Mark Davidson, has recused sua sponte from Cause No. 2017-06384, styled Charles Weichert v. Air Liquide LP. The Weichert case is hereby assigned to the Honorable Randy Wilson, Judge of the 157th District Court of Harris County, for all further MDL pretrial proceedings.
01/13/2004Notice setting hearing in Multidistrict Litigation Case  Letter to parties appointing Judge Mark Davidson of the 11th District Court of Harris County as pretrial judge.
01/13/2004Multidistrict Litigation Order sent  Order appointing Judge Mark Davidson of the 11th District Court of Harris County as pretrial judge.  (Order lists the cases that have been transferred).  All members of the MDL Panel concur in the order.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/01/2009Case StoredCase stored.G02 15-A-1
11/10/2005Motion being reviewed by CourtMiscellaneous Motionmotion to clarify or modify scope of appointment order
Parties
Party▲▼Party Type▲▼Representative▲▼
Adams, Audrey AmeliaRespondentMr. Brent W. Coon
Union CarbideMovantMr. Stephen G. Tipps
Lachapelle, GeorgeRespondentMr. Charles S. Siegel
Ms. Susan Lea Hays
Alcoa, Inc.RespondentMs. Diana L. Panian
Oilfield workers'Other interested party Mr. Ronald G. Franklin
Court of Appeals Information:
 
166 SW3d 1, 12-30-03 
 
 
Trial Court Information