Academic journal article Defense Counsel Journal

IADC Amicus Brief Program

Academic journal article Defense Counsel Journal

IADC Amicus Brief Program

Article excerpt

The International Association of Defense Counsel has an active amicus curiae program, submitting briefs on issues of importance to IADC members and their clients. Through its amicus participation, the IADC has helped shape the law surrounding product liability, arbitration, class actions, attorney client privilege, punitive damages, civil discovery, standing, jurisdiction, and tort reform. This section of the Defense Counsel Journal is dedicated to highlighting recent amicus briefs filed by the IADC so that the Journal's readers can benefit from the insights presented therein.

In its brief in Bostic v. Georgia Pacific Corp. (No. 10-0 7 75), IADC and its coalition partners American Coatings Association and American Chemistry Council urged the Texas Supreme Court to uphold in the mesothelioma context its seminal 2007 ruling in Borg-Warner v. Flores, in which the Court rejected the "every fiber" theory of causation in asbestos litigation. Plaintiffs in Bostic falsely contended that by requiring plaintiffs to establish "but for" causation, the Flores decision led Texas courts to require plaintiffs to trace their injuries back to individual asbestos fibers and make causation all but impossible to prove in cases of concurrent causation. The amici brief was drafted by IADC members Eric G. Lasker and Richard O. Faulk, partners in the law firm Hollingsworth LLP, and IADC member Tom Graves of the American Coating Association.

The brief demonstrates that the "but for" causation causation requirement set forth in Flores and the intermediate appellate opinion in Bostic is firmly rooted in Texas jurisprudence. IADC also rebuts plaintiffs' reliance on "alternative liability" cases like Summers v. Tice, 1999 P.2d I (Cal. 1948), explaining that the Texas Supreme Court had already rejected the "alternative liability" rule in asbestos personal injury cases in Gaulding v. Celotex Corp., 772 S.W.2d 66, 68-69 (Tex. 1989).

The Texas Supreme Court sided with the IADC's position on July 11, 2014, affirming the decision of the appellate court to sustain Flores.

FILED

IN THE SUPREME COURT

OF TEXAS

13 August 22 A9:57

BLAKE. A. HAWTHORNE

CLERK

NO. 10-0775

In the Supreme Court of Texas

Susan Elaine Bostic, Individually and as Personal Representative of the Heirs and Estate of Timothy Shawn Bostic, Deceased; Helene Donnahoe, and Kyle Anthony Bostic,

Petitioners,

v.

Georgia Pacific Corporation,

Respondent.

From the Fifth Court of Appeals, Dallas, Texas

Brief of Amici Curiae American Coatings Association, Inc., American Chemistry Council, and International Association of Defense Counsel

Thomas J. Graves

American Coatings Association, Inc .

1500 Rhode Island Ave., N.W.

Washington, DC 20005

(202) 462-8743

OF COUNSEL FOR AMERICAN COATINGS ASSOCIATION, INC.

Eric G. Lasker

elasker@hollingsworthllp.com

Richard O. Faulk

Texas Bar No. 06854300

Hollingsworth LLP

1350 I St., N.W.

Washington, D.C. 20005

(202) 898-5843

(202) 682-1639 (fax)

COUNSEL FOR ALL AMICI

Donald D. Evans

American Chemistry Council

700 Second St., NE

Washington, DC 20002

(202) 249-6100

OF COUNSEL FOR AMERICAN CHEMISTRY COUNCIL

TABLE OF CONTENTS

INTEREST OF AMICUS

ARGUMENT

I.  The Asbestos Crisis Continues Unabated and,
     Without Proper Controls, Threatens the
     Bankruptcies of Many Companies Whose
     Products Were Only Minimally Involved

II.  The Policy Behind Flores Extends to All
     Toxic Tort Cases, Including Those Involving
     Mesothelionma and Other Forms of Cancer

III. The Fifth Court of Appeals Faithfully
     Applied the Causation Standard Set Forth in
     Flores

IV. … 
Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.