Texas Asbestos Suit Barred by Alaska Borrowing Statute

SAN ANTONIO - The claims of a non-resident asbestos plaintiff filed under Texas' borrowing statute must satisfy the limitations and statutes of repose set by the foreign state where the alleged wrong took place, a Texas appeals court has ruled. Gilcrease v. Tesoro Petroleum Corp., No. 04-00-00699 (Texas App. Ct., Fourth Dist.).

On its way to affirming summary judgment in favor of defendant Tesoro Petroleum Corp., the Fourth District Texas Court of Appeals said Dec. 26 that holding otherwise would encourage forum shopping, which the state Legislature hoped to curb when it added such limitations to its borrowing statute in …