09.25.17

09.25.17

Last week the Texas Supreme Court issued 6 grants, but no opinions. Interestingly, in one of these grants, the Court will address the doctrine of forum non conveniens in the context of the Texas Wrongful Death Statute.

The case, In re Mahindra USA Inc., is out of Harris County and the First Court of Appeals of Houston. The case arises from the death of Mississippi resident who was killed in Mississippi by an alleged defective tractor which was purchased in Mississippi, designed and manufactured in India, and partially assembled in Texas. In this forum dispute the Texas Supreme Court will address several issues including (1) whether the Texas-residency exception to the forum non conveniens statute applies if a Texas resident sues a wrongful-death beneficiary individually as well as the administrator of an out-of-state estate and a second wrongful-death beneficiary, who is also a Texas resident, sues only in an individual capacity and (2) whether a wrongful death action brought in Texas based on a nonresident's death in an accident that occurred out-of-state should be dismissed.

Oral argument for this case is set for February 7, 2018.