In Re Van Waters & Rogers, Inc.

The issue in this mandamus proceeding is whether the trial court erroneously consolidated for trial the workplace toxic tort claims of twenty plaintiffs against nine defendants. Because we hold that the trial court abused its discretion and the defendants have no adequate remedy by appeal, we conditionally grant mandamus relief.

The underlying litigation was filed in 1994 by 454 plaintiffs against approximately fifty-five defendants. The plaintiffs are former employees of the Parker-Hannifin Corporation who worked at Parker’s 0-ring seal manufacturing plant in McAllen, Texas. The plaintiffs,…