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John Lopez sued GlobalSantaFe Corp. (GSF) under the Jones Act for injuries from asbestos and silica exposure. Chapter 90 of the Civil Practice and Remedies Code, which governs silica and asbestos litigation, mandates expert reports and consolidation in an MDL pretrial court. Lopez's case was transferred to the silica MDL pretrial court, which subsequently remanded it to the original trial court, asserting Chapter 90 was preempted by the federal Jones Act. GSF petitioned the Texas Supreme Court for mandamus relief. The Court ruled that Chapter 90's procedural elements, including expert report requirements and MDL consolidation, are not preempted by the Jones Act. However, Chapter 90's provision for a minimal physical impairment threshold for silica claims is preempted. The Court conditionally granted mandamus relief, instructing the MDL pretrial court to vacate its remand order and conduct further proceedings consistent with this opinion.
In Re GlobalSanteFe Corp. is a workers' compensation case decided in Texas Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Supreme Court.
Full Decision Text1 Pages
John Lopez sued GlobalSantaFe Corp. (GSF) under the Jones Act for injuries from asbestos and silica exposure. Chapter 90 of the Civil Practice and Remedies Code, which governs silica and asbestos litigation, mandates expert reports and consolidation in an MDL pretrial court. Lopez's case was transferred to the silica MDL pretrial court, which subsequently remanded it to the original trial court, asserting Chapter 90 was preempted by the federal Jones Act. GSF petitioned the Texas Supreme Court for mandamus relief. The Court ruled that Chapter 90's procedural elements, including expert report requirements and MDL consolidation, are not preempted by the Jones Act. However, Chapter 90's provision for a minimal physical impairment threshold for silica claims is preempted. The Court conditionally granted mandamus relief, instructing the MDL pretrial court to vacate its remand order and conduct further proceedings consistent with this opinion.
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