The Texas Supreme Court has requested full briefing for In re Medical Carbon Research Institute, No. 08-0298 (discussed in this post yesterday) and also for BNSF Railway Co. v. Gunderson, Inc., No. 07-0817.
In BNSF Railways, the Second Court of Appeals affirmed the trial court’s application of Texas’s law of repose. BNSF contends that another State’s law should apply and that it should have had more time to conduct discovery to determine precisely which State’s law that is.