CSR Ltd. v. Link

In CSR Ltd. v. Link, 925 S.W.2d 591, 597, 39 Tex. Sup. Ct. J. 767 (Tex. 1996), an asbestos-exposure case, the Court granted mandamus relief to direct that the defendant's special appearance be sustained. The Court said that while appeal is an adequate remedy for the improper denial of a special appearance in many cases, that is not so in "mass tort litigation [which] places significant strain on a defendant's resources and creates considerable pressure to settle the case, regardless of the underlying merits." Although only five plaintiffs had sued the defendant, we noted that there were "thousands of potential claimants". Given the burden of these claims not only on the defendant but also on the State's judicial resources, we concluded that "because of the size and complexity of the asbestos litigation, the most prudent use of judicial resources in this case is to permit a preliminary resolution of the fundamental issue of personal jurisdiction by writ of mandamus." Id. at 597.