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eBook details

• Title: Csr Limited v. Link
• Author : The Supreme Court of Texas
• Release Date : January 14, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

June 14, 1996 On Petition for Writ of Mandamus Argued on December 13, 1995 Justice Gonzalez filed a concurring opinion. ""`As a moth is drawn to the light, so is a litigant drawn to the United States."" Dow Chem. Co. v. Alfaro, 786 S.W.2d 674, 707 (Tex. 1990) (Hecht, J., dissenting) (quoting Smith Kline & French Labs. Ltd. v. Bloch, (1983) 2 All E.R. 72, 74). Texas courts seem to be the venue of choice. See Alfaro, 786 S.W.2d at 690 & n. 2 (Gonzalez, J., dissenting) (noting the danger of Texas becoming the forum for all mass-tort lawsuits); Minnesota Mining & Mfg. Co. v. Nishika, Ltd., 885 S.W.2d 603, 639 (Tex. App.--Beaumont 1994, writ granted) (affirming $29,000,000 judgement in a suit between Nevada, Georgia, and Minnesota corporations that involved no contacts with Texas). When a suit is brought against a party with no ties to Texas, it not only denies the non-forum defendant's constitutional rights, but it also clogs our already-crowded dockets. Alfaro, 786 S.W.2d at 690 (Gonzalez, J. dissenting). Denying a defendant's special appearance when the state clearly lacks personal jurisdiction is inherently harmful, both to the defendant and to our court system. Appeal is not an adequate remedy for such harm, and therefore mandamus relief is appropriate. I concur with the Court's judgement that mandamus should issue in this case. I disagree with the Court's opinion, however, because it retains the requirement that a relator challenging the denial of a special appearance by mandamus must make a specific showing of irreparable harm. Such proof is not necessary because the harm is inherent. Further, I would address the tension between our opinions in Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304 (Tex. 1994) (orig. proceeding) and National Industrial Sand Association v. Gibson, 897 S.W.2d 769 (Tex. 1995) (orig. proceeding).

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