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

Legal

Senator Says 2015 Could Be Time for US Oil Export Bill

The top supporter in the U.S. Congress for reversing the 40-year ban on crude oil exports, Senator Lisa Murkowski from Alaska, said next year could be the time for a bill on lifting the restriction.

MNZ Inspectors Board Fishing Vessels Off South Island

A joint operation by Maritime New Zealand (MNZ) and the New Zealand Defence Force – Operation Moana – has seen 16 fishing vessels operating off the west coast of

Bahri Appoint Two Board Members

The National Shipping Company of Saudi Arabia (Bahri) announces it received on 21/11/1435H corresponding to 16/9/2014G a letter from Saudi Aramco Development Company (SADC) appointing Mr.

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Naval Architecture Offshore Oil Pipelines Pod Propulsion Port Authority Ship Electronics Ship Repair
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: 0.0816 sec (12 req/sec)