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The Supreme Court of Texas ruled that Texas silica law outweighs federal maritime law, which sent a Harris County lawsuit to a multidistrict pretrial court.
Justices decided that pretrial Judge Tracy Christopher of Houston, who had previously remanded a lawsuit against Global Santa Fe Corp. to Harris County district court, must take the case back.
John Lopez, who is the plaintiff, wanted the justices to settle jurisdiction according to the Jones Act, which provides protection for injured seamen. However, all nine justices turned him down.
"Texas courts are not expected to abandon all their regular rules of practice and procedure and to adopt federal rules in a case simply because a Jones Act claim is alleged," Justice Don Willett wrote.
The decision made by the Supreme Court of Texas strengthened a 2005 law that addresses an asbestos litigation crisis, as described by Texas legislators.
This law established a multidistrict litigation panel to consolidate asbestos and silica lawsuits from many courts for assignment to judges for pretrial discovery. The law allowed plaintiffs of new cases 30 days to file a physician’s report of a physical examination with medical and occupational histories. However, plaintiffs with pending cases could avoid multidistrict jurisdiction by filing a physician’s report within 90 days of the effective date of the law. Lopez’s case was considered a pending case.
After the deadline passed, Global Santa Fe sent a notice to the multidistrict court that it would automatically transfer Lopez’s lawsuit. Lopez requested that Christopher remand the lawsuit to Harris County, claiming that Texas law was preempted by the Jones Act. Christopher did remand the lawsuit. Global Santa Fe was able to obtain mandamus relief at the Supreme Court.
According to Justice Willett, “By remanding the case to the trial court, the MDL pretrial court in effect held that, at least as to Lopez, Chapter 90 in its entirety is preempted by the Jones Act." He also wrote that "Nothing in the Jones Act exempts a seaman claiming a silica-related disease from establishing, through reliable medical proof, that he in fact suffers from such a disease."
