in Re Volkswagen Clean Diesel Litigation: Texas Clean Air Act Enforcement Cases

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-17-00478-CV In re Volkswagen Clean Diesel Litigation: Texas Clean Air Act Enforcement Cases ORIGINAL PROCEEDING FROM TRAVIS COUNTY OPINION The State seeks mandamus relief from the MDL pre-trial court’s refusal to abate eighteen later-filed cases involving the State’s and various counties’ enforcement of the Texas Clean Air Act against Volkswagen.1 The principal issue in this mandamus proceeding—one of first impression—is whether, under this unique factual and procedural posture, the common-law doctrine of dominant jurisdiction requires…