In Re Volkswagen of America, Inc.

Justice HECHT, joined by Justice OWEN,

dissenting from the denial of the petition for mandamus.

The trial in this case, like the trial in In re Bayerische Motaren Werke, AG, 1 took three weeks. Juries in both cases found in favor of the defendant. The trial courts in both cases granted new trials “in the interest of justice” without explanation. For the same reasons I explained in BMW, I dissent from the denial of relator’s petition for mandamus that would require an explanation from the trial court justifying a new trial.

Haley Sperling, driving a Volkswagen Passat, was passing a vehicle driven…