Stealthy Casteel

A stealthy Casteel issue was addressed by the Texas Supreme Court in Bombadier Aerospace v. SPEP Aircraft Holdings. The issue arose when the phrase “Plaintiffs” was defined to include several entities – only two of whom actually had a right to recovery damages. The Court found no harm, largely because the parties had reached a stipulation that mitigated potential confusion from the question. The issue is nevertheless worth noting as an aspect of Casteel that has not yet received analysis by the supreme court.