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

Legal

Korean Ferry Captain's Detention Could Extend As Death Toll Mounts

South Korean prosecutors investigating a ferry disaster said on Sunday they would seek to extend the detention of the ship's captain and two other crew by 10

Reports: Brazilian Tycoon Batista Investigated For Financial Crimes

Brazils federal police have opened an investigation into former billionaire Eike Batista for financial crimes, including insider trading, manipulation of markets and money laundering,

Shell Commited To Russia Expansion Despite Sanctions

Royal Dutch Shell is committed to expansion in Russia, Chief Executive Ben van Beurden told Russian President Vladimir Putin at a meeting on Friday amid sanctions

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Naval Architecture Pipelines Ship Electronics Ship Repair Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | 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: 0.1267 sec (8 req/sec)