Legal Opinion

Milacron Inc. v. Performance Rail Tie, L.P.

Texas Court of Appeals, 6th District (Texarkana)

Decided August 27, 2008No. 06-08-00019-CVPublishedCited by 21 opinions

1Opinion of the Court

OPINION

Opinion by

Justice MOSELEY.

Delaware corporation Milacron Inc. appeals the denial of its special appearance filed during trial. We affirm the trial court’s ruling that Milacron Inc. waived its special appearance for a variety of reasons, including its neglect of the Texas Rules of Civil Procedure.

I. Procedural Background: The Games Begin

Performance Rail Tie, L.P., brought suit against Milacron Inc., which Performance alleged had manufactured an extruder component contained within a machine built to produce composite railroad ties. The extruder component malfunctioned, causing an…

2Cases cited14 opinions

  1. BMC Software Belgium, NV v. MarchandTexas Supreme Court · 2002
  2. Zac Smith & Co. v. Otis Elevator Co.Texas Supreme Court · 1987
  3. Exito Electronics Co., Ltd. v. TrejoTexas Supreme Court · 2004
  4. Arredondo v. Rodriguez, Texas Court of Appeals, 4th District (San Antonio)2006
  5. CNOOC Southeast Asia Ltd. v. Paladin Resources (Sunda) Ltd., Texas Court of Appeals, 5th District (Dallas)2007

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Nogle & Black Aviation, Inc. v. Faveretto Ex Rel. Migliori, Texas Court of Appeals, 14th District (Houston)2009
  2. James W. Trenz and Terrane Associates, Inc. v. Peter Paul Petroleum Company and Posse Energy, Ltd., Texas Court of Appeals, 1st District (Houston)2012
  3. Kehoe v. PollackCourt of Appeals of Texas · 2017
  4. Celeste Grynberg and Jack J. Grynberg D/B/A Grynberg Petroleum v. M-I L.L.C., Texas Court of Appeals, 13th District2012
  5. Michael Cagle and Martin Lake Construction, Inc. v. Timothy J. Clark, Texas Court of Appeals, 6th District (Texarkana)2013

16 more not listed; retrieve them via the Exa API.

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