THE COURT HELD THAT THE APPLICATION OF TEXAS LAW TO A SEAMAN'S JONES ACT CLAIMS INTERFERED WITH OR RESTRICTED HIS REMEDIES UNDER THE ACT, AND THEREFORE THE STATE LAW WAS PREEMPTED, WHETHER IT WAS SUBSTANTIVE OR PROCEDURAL; THUS THE COURT DECLINED TO ISSUE
IN RE GLOBAL SANTA FE CORPORATION, Relator
COURT OF APPEALS OF TEXAS, FOURTEENTH DISTRICT, HOUSTON
2006 Tex. App. LEXIS 10753
December 19, 2006, Opinion Filed
PROCEDURAL POSTURE: Relator corporation challenged an order entered by respondent multidistrict litigation (MDL) pretrial court judge, in which real party seaman's claims under the Jones Act, 46 U.S.C.S. § 688 were remanded to a district court. The corporation sought mandamus relief.
OVERVIEW: The seaman filed his Act claim in a district court, alleging that the corporation failed to provide a safe vessel, which resulted in the exposure to silicia. The case was transferred to the MDL pretrial court pursuant to Tex. Civ. Prac. & Rem. Code Ann. § 90.010(b) (Supp. 2006). The seaman sought and received a remand to the district court on the grounds of federal preemption. The corporation filed a petition for writ of mandamus, which was denied. Because applying the provisions of Tex. Civ. Prac. & Rem. Code Ann. ch. 90 to the pre-2003 Jones Act claimant thwarted federal remedies, it was preempted. The court rejected the corporation's claim Tex. Civ. Prac. & Rem. Code Ann. § 90.010(b) (Supp. 2006) was procedural and subject to being construed apart from the remaining provisions of the chapter. Section 90.010(b) was not merely procedural, as it was an integral part of the larger MDL design. By applying only § 90.010(b), the seaman was precluded from pursuing his rights under the Act. Therefore, whether procedural or substantive, Tex. Civ. Prac. & Rem. Code Ann. ch. 90 was preempted by federal law, such that the corporation was not entitled to mandamus relief.
OUTCOME: The court denied the petition.
