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In re TXU U.S. Holdings Co.

110 S.W.3d 62 (2002)

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In re TXU U.S. Holdings Co.

Texas Court of Appeals
110 S.W.3d 62 (2002)

MJ

Facts

Joe and Carol Mitcham (plaintiffs) sued TXU U.S. Holdings Company (TXU) (defendant) for alleged asbestos exposure. The Mitchams were represented by Waters and Kraus (Waters), and TXU was represented by Burford and Ryburn, L.L.P. (Burford). Gayle Mortola-Strasser worked for Burford during law school. After Mortola-Strasser became an attorney, she worked for Waters, signing an agreement in which she stated that neither she nor any attorneys at Waters would participate in any claims against TXU related to asbestos exposure. Mortola-Strasser later left Waters, and shortly after that, Waters represented the Mitchams in the asbestos lawsuit against TXU. On behalf of TXU, attorneys at Burford moved to disqualify the entire Waters firm from representing the Mitchams in the lawsuit. The trial court denied the motion. TXU then sought a writ of mandamus from the court of appeals to stop Waters from continuing to represent the Mitchams in the lawsuit.

Rule of Law

Issue

Holding and Reasoning (Davis, C.J.)

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