Alfaro v. Dow Chemical

It is difficult for me to believe that the Texas legislature intended by § 71.031 to permit all foreigners who imagine themselves aggrieved by American entities or individuals operating in foreign countries, but also doing business in Texas, to maintain their tort suits in Texas — without the slightest regard for nexus or convenience.

To hold that no plea of forum non conve-niens will be allowed, regardless of inconvenience and potential unfairness, will no doubt subject the statute to well-deserved due process attacks.

The majority correctly states that the Texas Supreme Court has not spoken…