Reported Cases

In Re: U.S. Silica Co.
157 S.W.3d 434 (Tex. 2005)

Multiple defendants brought this mandamus against the District Court judges of Cameron County, Texas for wrongful transfer of cases between courts and entering conflicting orders. Ten silicosis cases involving over 700 claimants were filed in Cameron County, Texas and randomly assigned to six different courts. The first case filed went to the 197th District Court. The cases were all transferred to the 404th District Court by the plaintiffs’ attorney. Thereafter, the defendants successfully moved to transfer all the cases to the 197th District Court, where the first case was filed. As the Supreme Court stated, “Thereafter ensued a scramble for possession” of jurisdiction over the cases. Many of the six courts entered inconsistent orders of consolidation, anti-consolidation, transfer or anti-transfer. Ultimately, the defense prevailed consolidating all of the cases in the 197th District Court. Thomas B. Taylor, as attorney of record, appeared for two of the defendants (Hanson Aggregates, Inc. and Oglebay Norton Industrial Sands, Inc.) in this mandamus action.

Austin v. Kerr-McGee Refining Corp.
25 S.W.3d 280 (Tex.App.-Texarkana, 2000)

Defendants raised a Daubert challenge to plaintiff’s medical and liability experts. After a week of Daubert hearings, the trial court granted defendants’ Daubert motions excluding the opinions of plaintiff’s experts resulting in the defendants obtaining a Summary Judgment as to all of plaintiff’s claims. Plaintiff unsuccessfully appealed. Thomas B. Taylor represented defendant, Delta Distributors, Inc.

Able Supply C. v. Moye
898 S.W.2d 766, 38 Tex. Sup. Ct. J. 624,1995

The defendants brought an Application for Writ of Mandamus against the trial court judge for failing and refusing to enter an order compelling the plaintiffs to answer defendants’ discovery propounded to plaintiffs. The Texas Supreme Court granted defendants’ Writ of Mandamus and entered an order requiring the trial judge to order plaintiffs to answer defendants’ discovery interrogatories. Thomas B. Taylor represented defendant, Sumitomo Metal Manufacturing Company. Plaintiffs thereafter failed to respond to Sumitomo’s Request for Admissions and all plaintiffs non-suited Sumitomo on the day before the court was to hear Sumitomo’s Motion for Summary Judgment.

Russell v. Ingersoll-Rand Co.
841 S.W.2d 343 (Tex. 1992)
61 USLW 2265 Prod. Liab. Rep. (CHH) pg. 13,345

This case established Texas law regarding the commencement of the Statute of Limitation in a Wrongful Death case. Russell brought suit for developing silicosis. More than two years after he brought his original suit Russell died. Plaintiff’s attorney amended the original petition adding a wrongful death allegation and adding several new parties, including Ingersoll-Rand Company. The Supreme Court of Texas ruled that the statute of limitations (two years in tort) in Wrongful Death cases in Texas begins to run on the date of the injury, not upon the death of the claimant as alleged by plaintiffs. This ruling resulted in the Supreme Court sustaining Ingersoll-Rand Company’s and other defendants’ Summary Judgment as to plaintiff’s claims. Thomas B. Taylor represented defendant, Ingersoll-Rand Company both in the trial court on the Motion for Summary Judgment and throughout the appellant process.

Christensen v. Integrity Ins. Co.
719 S.W.2d 161 (Tex. 1986)

Integrity Insurance Company obtained an injunction against Christensen for filing and prosecuting a parallel lawsuit in California against Integrity to Integrity’s lawsuit first filed in Texas against Christensen for insurance fraud. The Supreme Court of Texas reversed and set aside the injunction that the trial court granted in favor of Integrity Insurance Company against Christensen maintaining multiple lawsuits involving the same issues in multiple states. While the Supreme Court of Texas reversed the trial court and allowed Christensen to maintain a separate action in the State of California, the case proceeded to trial in Texas before the California case due to the injunction obtained in favor of Integrity Insurance Company. Thomas B. Taylor and with William J. Eggleston represented Integrity Insurance Company.

Wilkerson v. State
681 S.W.2d 29 (Tex. Crim. App. 1984)

An appeal of a conviction for murder against Randy Wilkerson. The Texas Court of Criminal Appeals reversed the Defendant’s conviction and granted a new trial for the defendant on a jury selection issue. Thomas B. Taylor represented defendant, Randy Wilkerson.

U.S. Dept of Air Force v. Wilhelm
555 S.W.2d 498 (Tex. Civ. App. - Houston [14th Dist.] 1977)

Mrs. Wilhelm filed a garnishment action against the United States Department of the Air Force to garnish her ex-husband’s retirement pay awarded to her in her divorce. A garnishment judgment was entered in the trial court in favor of Mrs. Wilhelm. The United States Department of the Air Force appealed but failed to file the statutory and necessary appeal bond; consequently, the Department of the Air Force’s appeal was dismissed on Mrs. Wilhelm’s motion. Thomas B. Taylor represented Mrs. Wilhelm.