(DOWNLOAD) "Corning v. Carter" by In the Court of Appeals Fifth District of Texas at Dallas # eBook PDF Kindle ePub Free
eBook details
- Title: Corning v. Carter
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 01, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
In these consolidated direct appeals we consider the constitutionality of sections 71.031(a)(3), 71.051, and 71.052(b) and (c) of the Texas Civil Practice and Remedies Code. Section 71.031(a)(3) is a borrowing statute, which provides that a foreign plaintiffs action for personal injury or death arising out of state must be brought in Texas within the limitations period provided by the law of the state in which the wrongful act, neglect, or default took place. Several Alabama plaintiffs whose asbestos claims arose in Alabama challenged the constitutionality of section 71.031(a)(3) as applied to them because their claims, which were timely under Texass statute of limitations, were barred by Alabamas statute of limitations. The trial court held that section 71.031(a)(3) is unconstitutionally retroactive as applied to "any Alabama asbestos plaintiff whose cause of action had accrued under Texas law but was not yet barred as of May 29, 1997," the effective date of the borrowing statute. We consider whether section 71.031(a)(3) is unconstitutionally retroactive, whether it violates the open courts provision of the Texas Constitution, and whether it violates the Privileges and Immunities Clause of Article IV of the United States Constitution.
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