Union Carbide Corp. v. Synatzske

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Joseph Emmite worked as an insulator at Union Carbide Corporation for approximately forty years before he died in 2005. In 2007, the Emmites filed a wrongful death suit against Union Carbide. Union Carbide filed a motion to dismiss based on the Emmites alleged failure to timely serve a physician report that complied with Chapter 90 of the Texas Civil Practice and Remedies Code. The Multi-District Litigation pretrial court denied the motion. The court of appeals affirmed on interlocutory appeal, holding that the report filed by the Emmites did not satisfy the requirements of Chapter 90 but that Chapter 90 was unconstitutionally retroactive as applied to the Emmites’ claims. The Supreme Court reversed the judgment of the court of appeals and rendered judgment dismissing the Emmites’ suit, holding that a statutorily compliant report was not filed in this case and that Chapter 90, as applied to the Emmites, does not violate the Texas Constitution’s prohibition against retroactive laws. View "Union Carbide Corp. v. Synatzske" on Justia Law