Legal Opinion
In Re GlobalSanteFe Corp.
Texas Supreme Court
Decided December 5, 2008No. 07-0040PublishedCited by 44 opinions
1Opinion of the CourtJustice Willett
In this original proceeding, GlobalSantaFe Corp. (GSF) asks this Court to direct the silica MDL pretrial court to vacate its order remanding this case to the trial court where it was originally filed. The pretrial court concluded that Chapter 90 of the Civil Practice and Remedies Code, applicable to certain silica-related cases and under which the case had been transferred to the pretrial court, was inoperative because it was preempted by the Jones Act, a federal maritime statute. We agree with GSF that the general procedural framework set out in Chapter 90 is not preempted, although we also…
2Cases cited27 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
22 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Union Carbide Corp. v. SynatzskeTexas Supreme Court · 2014
- Phillips v. Carlton Energy Group, LLCTexas Supreme Court · 2015
- In Re Santander Consumer USA, Inc., Texas Court of Appeals, 1st District (Houston)2013
- Helix Energy Solutions Group, Inc. v. HowardCourt of Appeals of Texas · 2014
- Bnsf Railway Company v. James E. PhillipsTexas Supreme Court · 2015
39 more not listed; retrieve them via the Exa API.