In re Texas City Refinery Ultracracker Emission Litigation

391 S.W.3d 680, 2010 WL 9038442, 2010 Tex. LEXIS 838

• Court: Texas Judicial Panel on Multidistrict Litigation
• Decided: October 28, 2010
• Docket: No. 10-0689
• Status: Published

Opinion

ON REVIEW BY THE MULTIDIS-TRICT LITIGATION PANEL

PER CURIAM.

BP Products North America, Inc. seeks assignment of a pretrial judge to eleven lawsuits involving an incident at its refinery in Texas City. In each case, BP Products is a defendant and there are multiple plaintiffs. All eleven cases are pending in Galveston County. More filings are expected. While the plaintiffs have not agreed to the motion, they have not seriously opposed it.

The Local Administrative Judge for Galveston County has assigned a single district judge to handle the pretrial phase of all the cases. A pretrial judge appointed under the MDL procedures, however, is given extensive authority over all pretrial aspects of the case, and in most instances its pretrial rulings will be binding when the case is remanded for trial. See Tex.R. Jud. Admin. 13.6, 13.8. We have concluded that assigning these cases to an MDL pretrial judge will further the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.

The motion is granted.

Presiding Judge PEEPLES, Chief Justices STONE and WRIGHT, and Justices McCLURE and BROWN, concur.