Jones Act Doesn't Preempt State

Wednesday, January 07, 2009

The Supreme Court of Texas ruled that a state law respecting a procedural framework for claims for personal injury allegedly caused by silica and asbestos is not preempted by the federal law regarding claims for personal injury of crewmembers (the Jones Act).  In the instant case, the plaintiff alleged injury from asbestos and silica while employed by defendant corporation aboard a vessel.  He brought suit in state court under the Jones Act.  Plaintiff failed to comply with certain procedural requirements of the state law and the defendant moved to have the case transferred to another court in accordance with the state law. 

Plaintiff opposed the transfer, arguing that the Jones Act preempted the state law.  The court hearing the motion agreed with the plaintiff and the defendant appealed.  The Texas Supreme Court reversed, holding that while the Jones Act prevails on substantive issues, state procedural law is not preempted.  In re Global Santa Fe Corporation, No. 07-0040 (Texas, December 5, 2008).

(Source: Holland & Knight)

Maritime Reporter September 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

ITIC Measures against Ebola

The International Transport Intermediaries Club (ITIC) has issued the following general advice related to the outbreak of Ebola. Vessels that have recently

ClassNK's Guidelines for Exhaust Gas Cleaning Systems

Leading classification society ClassNK announced that it has released Guidelines for Exhaust Gas Cleaning Systems. These guidelines cover class safety requirements

China, Vietnam Pledge Maritime Cooperation

China and Vietnam have agreed to "address and control" maritime disputes, state media said on Friday, as differences over the potentially energy-rich South China

 
 
Maritime Contracts Navigation Pipelines Pod Propulsion Salvage Ship Electronics Ship Repair Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0728 sec (14 req/sec)