in Re: Ethicon, Inc. and Johnson & Johnson

• Court: Court of Appeals of Texas
• Decided: December 13, 2022
• Docket: 05-22-01321-CV
• Status: Published

Opinion

DENIED and Opinion Filed December 13, 2022

In the Court of Appeals Fifth District of Texas at Dallas No. 05-22-01321-CV

IN RE ETHICON, INC. AND JOHNSON & JOHNSON, Relators

Original Proceedings from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-19-05461-D

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle Before the Court is relators’ December 12, 2022 petition seeking a writ of

mandamus compelling the trial court (1) to vacate its order denying relators’ motion

for mistrial and (2) to declare a mistrial.

Entitlement to mandamus relief requires relators to show that the trial court

clearly abused its discretion and that relators lack an adequate appellate remedy. In

re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). After reviewing relators’ petition, real party in interest’s response,

relators’ reply, and the record before us, we conclude that relator has failed to

demonstrate entitlement to the requested mandamus relief. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

We also lift the stay issued by this Court’s December 12, 2022 Order.

/Cory L. Carlyle// 221321f.p05 CORY L. CARLYLE JUSTICE

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