ELR Citation: ELR 21281
No(s). C-7743 (Tex. Mar 28, 1990)

The court holds that the doctrine of forum non conveniens does not bar a personal injury action brought in Texas by foreign plaintiffs against Delaware corporations authorized to do business in Texas. Employees of a Costa Rican fruit company seek damages for physical and mental injuries arising out of the handling of dibromochloropropane (DBCP), a pesticide manufactured by U.S. corporations and furnished to the fruit company. The corporations contested the state court's jurisdiction and contended that the case should be dismissed under the doctrine of forum non conveniens. The court holds that Texas courts lack the authority to dismiss the claim on the ground of forum non conveniens. The court concludes that in 1913, the Texas Legislature statutorily abolished the doctrine of forum non conveniens for wrongful death and personal injury actions arising out of an incident in a foreign state or country.

A concurring justice notes that the court is bound by the statutory enactment opening the courts to foreign plaintiffs, and that the legislature, not the courts, has the privilege of rewriting the statute. Another concurring justice observes that the doctrine of forum non conveniens should be abolished because a forum non conveniens dismissal is often outcome determinative, effectively defeating the claim and denying the plaintiff recovery. The justice further observes that forum non conveniens dismissals are sought by multinational corporations as a shield against litigation for alleged torts causing human injury and environmental harm abroad.

Three dissenting justices would hold that the doctrine of forum non conveniens is not foreclosed by statutory enactment of the Texas Legislature. One dissenter argues that the legislature did not intend to give citizens of foreign countries an absolute right to maintain suits in Texas or to strip Texas courts of their equitable common-law power. Two other dissenters argue that abolishing forum non conveniens allows assertions of jurisdiction by Texas courts that violate due process, and that allowing aliens injured outside Texas the right to sue in that state is contrary to sound public policy.

Counsel for Plaintiff
Joe R. Greenhill
Baker & Botts
1600 San Jacinto Ctr., 98 San Jacinto Blvd., Austin TX 78701
(512) 322-2500

F. Walter Conrad, Michael Samford
Baker & Botts
One Shell Plaza, Houston TX 77002
(713) 229-1234

Russell J. Weintraub
University of Texas School of Law
2500 Red River, Austin TX 78705
(512) 471-5151

Counsel for Defendant
Charles S. Siegel
Baron & Budd
8333 Douglas Ave., 10th Fl., Dallas TX 75225
(214) 369-3605