Cruise Ship Law

IN RE: GREAT LAKES DREDGE & DOCK COMPANY, L.L.C. COURT OF APPEALS OF TEXAS, THIRTEENTH DISTRICT, CORPUS CHRISTI - EDINBURG
2008 Tex. App. LEXIS 281
January 10, 2008, Opinion Delivered

PROCEDURAL POSTURE An employee filed suit against relator employer asserting claims under the Jones Act, 46 U.S.C.S. ¤ 30104. The employer moved to dismiss or, in the alternative, moved to transfer venue. The 92nd District Court of Hidalgo County, Texas, denied the motion. The employer filed a petition, requesting that the instant court issue a writ of mandamus ordering respondent district judge to enforce a venue-selection agreement.

OVERVIEW: In order for a writ of mandamus to issue, the employer was required to show an abuse of discretion for which an appeal was inadequate. The employer asserted that the trial court abused its discretion in refusing to enforce a forum-selection agreement. In response, the employee asserted that the mandatory venue statute in place at the time suit was filed, former Tex. Civ. Prac. & Rem. Code Ann. ¤ 15.018 (2002) (current version at Tex. Civ. Prac. & Rem. Code Ann. ¤ 15.0181 (2007)), provided that the employee's Jones Act claim could have been brought in the county where the employee resided. Contrary to the employer's arguments, the instant court held that the Texas Supreme Court's recent decisions regarding forum-selection clauses, rejecting the "ouster" doctrine, did not supplant firmly established Texas law regarding the enforcement of venue-selection agreements that contravened a mandatory venue statute. Texas law prohibited parties from contracting away mandatory venue. The trial court, therefore, did not abuse its discretion when it refused to enforce the venue-selection agreement between the employee and the employer.

OUTCOME: The petition was denied.