Texas Court Won't Rethink Reporting Deadline In Asbestos Suit

Law360, Dallas (September 20, 2012, 10:01 PM EDT) -- Over the objections of five justices, a Texas appeals court on Thursday refused to rehear Kansas City Southern Railway's argument that plaintiffs suing in multidistrict litigation under the Federal Employers' Liability Act must comply with state medical reporting requirements for asbestos claims.

A majority of the court voted to deny a motion for rehearing en banc from the railroad, which had argued that a plaintiff is required to file an expert medical report within 30 days of filing an asbestos and silica-based injury claim whether or...
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