Jones Act Preemption at Issue in Texas Silica Suit

AUSTIN, Texas - The Texas Supreme Court's Panel on Multidistrict Litigation recently heard argument over whether it has jurisdiction to hear dispute in a silica case brought under the Jones Act and, if so, whether its provisions preempt state law measures adopted recently for silica lawsuits. In re Silica Products Liability Litigation, No. 04-0606 (Texas JPML).

Argument was heard last month in the case of John Lopez, a plaintiff whose Jones Act silica case was transferred to the state-established silica MDL, then remanded based on federal preemption.

Defendant GlobalSantaFe Corp. has sought reconsideration of the MDL court's order in a …