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

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. Taylor & Warren, L.L.P. appeared for two of the defendants (Hanson Aggregates, Inc. and Oglebay Norton Industrial Sands, Inc.) in this mandamus action.