A recent state supreme court decision may have nationwide impact on tire litigation. On May 22 the Texas Supreme Court held that plaintiffs seeking trade secret information from a tire manufacturer must show specifically how the lack of the information could derail a case.
Firestone's Trade Secret Remains Safe
A recent state supreme court decision may have nationwide impact on tire litigation. On May 22 the Texas Supreme Court held that plaintiffs seeking trade secret information from a tire manufacturer must show specifically how the lack of the information could derail a case. The court's decision in <i>In Re Bridgestone/Firestone Inc.</i> gives no guidelines. Justice Nathan Hecht wrote for the majority that the test established in 1998 by the court in <i>In Re Continental General Tire Inc.</i> for discovery of trade secret information 'cannot be satisfied merely by general assertions of unfairness,' According to Judge Hecht's opinion, the plaintiffs in about 150 cases alleging Firestone tire-tread separations and Ford Explorer rollover accidents failed to show how access to the skim-stock formulas used by the tire company is necessary for a 'fair adjudication' of their claims.
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Mary Alice RobbinsThis premium content is locked for LawJournalNewsletters subscribers only
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