(DOWNLOAD) "In Re Union Carbide Corp." by State of Wisconsin in Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: In Re Union Carbide Corp.
- Author : State of Wisconsin in Supreme Court
- Release Date : January 14, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
In this case, family members who survived John Hall intervened in a pending personal injury suit filed by Kenneth Moffett. Union Carbide, a defendant in both the pending suit and the intervention, filed a motion to strike the intervention. Instead of ruling on that motion, the trial court severed the Halls claims into a new suit that then remained pending in the same court. We conclude that (1) the trial court abused its discretion by failing to rule on Union Carbides motion to strike before considering whether to sever the intervention; (2) the trial court only had discretion to grant the motion to strike; and (3) Union Carbide does not have an adequate remedy by appeal. We conditionally grant mandamus relief.