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Justices probe meaning of “supplied” and "actual knowledge" in Texas product‑liability venue fight
Summary
In the same oral argument, counsel debated whether "supplied" in Texas Civil Practice & Remedies Code §82.003(a)(6) means the moment of delivery or the entire distribution sequence and whether venue may be established where substantial steps in the supply chain occurred in Dallas County.
The Supreme Court of Texas also heard argument in Rush Truck Centers v. Sayre over the interpretation of the product‑liability statute Texas Civil Practice and Remedies Code §82.003(a)(6) — specifically what it means to have "supplied" a product "with actual knowledge" of a defect and which county counts as a "substantial part" of the events giving rise to the claim for venue purposes.
Petitioners’ counsel, Mr. Grafton, urged a narrower reading: the seller must have "actual knowledge" of a defect at the precise time the seller "supplied" the product. "The seller must have actual knowledge, not knew or should have known, but have actual knowledge of a defect," he said, arguing that the Dallas Court of Appeals stretched the statutory…
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