California Supreme Court

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July 13, 2009

The California Supreme Court declined an opportunity to clarify whether asbestos plaintiffs can use a Texas procedural rule governing depositions to manipulate the discovery process in California asbestos litigation.

NCLC urges California Supreme Court to review use of Texas deposition procedures in California asbestos litigation

June 22, 2009

NCLC urged the California Supreme Court to review this case and hold that asbestos plaintiffs cannot make use of favorable deposition procedures in Texas in order to manipulate the California discovery requirements. NCLC warned that plaintiff's counsel use this procedural maneuvering to keep defendants in asbestos cases as long as possible, drive up their costs, and force settlements from defendants. NCLC also advised the court that such forum shopping increases the burden on California courts' resources.

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