Texas Court Says Jones Act Doesn't Preempt Chapter 90 Requirements

AUSTIN, Texas -- The Texas Supreme Court has awarded mandamus relief to Global Santa Fe Corp., opining that a state pretrial MDL court erred when it found that the Jones Act preempted some of the state's new filing requirements for asbestos and silica claims. In re Global Santa Fe Corp., No. 07-0040 (Texas Sup. Ct.).

In the Dec. 5 opinion, the high court also found that while the Jones Act does preempt the minimal level of physical impairment requirements outlined by the state legislature, it does not mean expert report requirements and pretrial consolidation in an MDL court are preempted …