Late last year, the US Supreme Court denied a petition for cert filed by Mobil Corporation from the WV Supreme Court's decision in SER Mobil Corp. v. Gaughn, 211 WV 106 (April 25, 2002), relating to asbestos mass trial procedures. Thereafter, certain claims proceeded to trial against defendant Union Carbide. The jury's conclusions in October of last year were "mixed" according to this release, from Dow's corporate news center.

Currently pending is Union Carbide's Peititon for Writ of Prohibition, or, in the Alternative, Petition for Appeal, (filed April 24, 2003) which is set for consideration by the Court in conference on June 12. The petitioners seek to prohibit enforcement of trial scheduling order that has a Phase II trial scheduled to proceed on causation and liability, as well as prohibit the enforcement of an order that precludes the petitioners from re-litigating certain issues decided by the jury in the Phase I trial. Various claims relating to conduct of the Phase I trial are also raised. The plaintiffs below have filed a response to the petition, stating that prohibition is not an appropriate remedy at this time, and responding to each of the petitioner's arguments on the merits.

If the Court issues a rule to show cause on June 12, the respondents (plaintiffs in the mass trial pending before the mass litigation panel in Kanawha County Circuit Court) will have the opportunity to file a further response, and oral argument will be scheduled.