DocketNumber: No. 04-0606.
Citation Numbers: 216 S.W.3d 87
Filed Date: 6/19/2006
Status: Precedential
Modified Date: 4/9/2017
On November 10, 2004, this MDL Panel established a pretrial court to handle silica products litigation. See In re SilicaProducts Liability Litigation,
The Panel asked the parties to address two issues: (1) whether review of the pretrial court's order of remand properly lies with the MDL Panel under Rule 13.5(e) or with the court of appeals under Rule 13.9, and (2) whether the Jones Act preempts the reports required by Chapter 90 in asbestos- and silica-related cases, affecting the ability to transfer such a case to an MDL pretrial court for failure to timely serve such a report on defendant under section 90.010(b). Because we hold that the MDL Panel lacks jurisdiction to review the pretrial court's remand order, we dismiss GlobalSantaFe's motion for rehearing.
Legal Framework Governing Transfer of Cases to MDLPretrial Court
The laws governing multidistrict litigation provide a pretrial process that will allow cases with common questions of fact to proceed efficiently toward trial. See In re VanderbiltMortgage Fin., Inc.,
1) civil actions that involve one or more common questions of fact and that were filed . . . on or after September 1, 2003; and
2) civil actions filed before September 1, 2003, that involve claims for asbestos- or silica-related injuries, to the extent permitted by chapter 90 of the civil practice and remedies code.
Id. 13.1(b). Rule 13.3 establishes a procedure for parties to make a request that related cases filed on or after September 1, 2003, be transferred to a pretrial court. If the MDL Panel determines transfer is appropriate, cases are deemed transferred to the pretrial court when a notice complying *Page 89 with the rules is filed with both the trial court and the pretrial court. Id. 13.5(a).
After the initial transfer order is issued, a party may transfer other related cases as tag-along cases.3 Rule 13.5(e) makes it easy to transfer a tag-along case to the pretrial court by simply filing a notice complying with rule 13.5(a). Seeid. 13.5(e). The tag-along case is then automatically "deemed" transferred. See id. Once a tag-along case has been transferred to the pretrial court, "a party to the case or to any of the related cases already transferred to the pretrial court may move the pretrial court to remand the case to the trial court on the ground that it is not a tag-along case."Id. An order granting or overruling such a motion may be appealed to the MDL Panel. Id.
A separate rule governs the transfer to a pretrial court of claims for asbestos- or silica-related injuries that were filed before September 1, 2003.4 See id. 13.11; In reFluor Enters., Inc.,
Chapter 90 of the civil practice and remedies code works in conjunction with rule 13.11. Section 90.010(a) exempts cases raising asbestos- or silica-related injuries filed before September 1, 2003, from the MDL rules if a detailed medical report is served on the defendant on or before November 30, 2005. See Tex. Civ. Prac. Rem. Code Ann. 90.010(a)(2) (West Supp. 2005) (MDL rules apply unless claimant serves report complying with section 90.003 or 90.004). If a claimant fails to serve a report complying with sections 90.003 or 90.004 on or before November 30, 2005, the defendant may file a notice of transfer to the pretrial court. See id. 90.010(b); Tex.R. Jud. Admin. 13.11(c). If the pretrial court determines that a proper report was timely served, then the pretrial *Page 90 court shall remand the case to the trial court. See Tex. Civ. Prac. Rem. Code Ann. 90.010(b).
Jurisdiction of MDL Panel
GlobalSantaFe argues that the MDL Panel has jurisdiction to review the pretrial court's remand order because Lopez's case is a tag-along case transferred and remanded pursuant to rule 13.5(e). See Tex.R. Jud. Admin. 13.5(e) (remand on grounds that it is not a tag-along case may be appealed to MD L Panel). Lopez responds that the pretrial court did not remand his case on the ground that it is not a tag-along case, the only remand order over which this Panel has jurisdiction under 13.5(e). Lopez insists that this claim for asbestos- and silica-related injuries, filed before September 1, 2003, was transferred to the MDL pretrial court under rule 13.11.5 Lopez further notes that rule 13.11, unlike rule 13.5(e), does not authorize the MDL Panel to review any remand order of asbestos- and silica-related claims filed before September 1, 2003.
Two Distinct Mechanisms for Transfer
To determine if we may hear this appeal, we must harmonize the two statutes providing for multidistrict litigation and the various sections of rule 13, as initially drafted and as amended. See Tex. Gov't Code Ann. 311.021(2), .025(b) (West 2005); Lufkin v. City of Galveston,
A second, more specific rule was added in 2005 to permit the transfer of cases involving certain claims for asbestos- or silica-related injuries filed before September 1, 2003.See id. 13.11 (titled "Civil Actions Filed Before September 1, 2003, Involving Claims for Asbestos- and Silica Related Injuries"); Horizon/CMS Healthcare Corp. v.Auld,
Thus, Rule 13 clearly creates two distinct mechanisms for transferring cases to an existing MDL pretrial court. Cases *Page 91 filed on or after September 1, 2003, may be transferred as tag-along cases under rule 13.5(e) and the MDL Panel may review the pretrial court's order granting or denying a remand. Cases involving claims for asbestos- or silica-related injuries filed before September 1, 2003, may be transferred pursuant to the separate mechanism set forth in rule 13.11 and chapter 90 of the civil practices and remedies code, but the rule is silent with regard to an appeal.
Limited Juridiction
The MDL Panel has limited jurisdiction. We are not a court of appeals. Rather, we are a creature of statute and may only exercise the authority we are granted by the legislature.Cf., Texas Nat. Res. Conservation Comm'n v. Lake-shore Util.Co., Inc.,
Rule 13 gives the MDL Panel express authority to consider only two matters. First, the panel may determine whether to refer several related cases to a pretrial court because they involve one or more common questions of fact, and because transfer to a specific district court will serve the convenience of the parties and witnesses, and will promote the just and efficient conduct of the cases. Tex.R. Jud. Admin. 13.3(1). Secondly, the MDL Panel may review an order by the pretrial court remanding a case "on the grounds that it is not a tag-along case."Id., 13.5(e). In both instances, our authority is limited to the determination of whether the cases at issue "involve one or more common questions of fact." Seeid. 13.2(f), (g), 13.5(e).
Rule 13.11 involves the determination of questions of law concerning the application of chapter 90 to a particular case; the rule grants no authority to the MDL Panel to review a remand order by the pretrial court. Absent an explicit grant of authority, we lack jurisdiction to review the decision of the pretrial court. Because rule 13.11 does not give the MDL panel appellate jurisdiction, this appeal must be heard by the appropriate court of appeals as provided in rule 13.9(b):
An order or judgment of the trial court or pretrial court may be reviewed by the appellate court that regularly reviews orders of the court in which the case is pending at the time review is sought, irrespective of whether that court issued the order or judgment to be reviewed.
Id. 13.9(b).
This limited approach to our jurisdiction is consistent with the recent decision by the Third Court of Appeals styled Inre Fluor Enters.,
As in In re Fluor, this remand order is based on "some other reason," namely the pretrial court's decision that the Jones Act preempts chapter 90's report requirements and the transfer provision for failure to file such reports. The issue before the pretrial court was the legal question of whether Lopez's case could be transferred for failure to file a detailed medical report in a Jones Act case, not whether there were common questions of fact qualifying this as a tag-along case. Because this case involved the distinct mechanism for transferring cases set forth in rule 13.11, and because the remand did not concern whether this was a tag-along case under rule 13.5(e), we lack jurisdiction to review the pretrial court's order.
Conclusion
The MDL Panel has no authority to review an order concerning the remand of a case transferred to an MDL pretrial court under section 90.010(b) and rule 13.11. Therefore, we dismiss GlobalSantaFe's motion for rehearing for want of jurisdiction.
Justice CASTILLO not sitting.
Horizon/CMS Healthcare Corporation v. Auld , 34 S.W.3d 887 ( 2000 )
Stier v. Reading & Bates Corp. , 992 S.W.2d 423 ( 1999 )
In Re Fluor Enterprises, Inc. , 186 S.W.3d 639 ( 2006 )
Teacher Retirement System of Texas v. Cottrell , 583 S.W.2d 928 ( 1979 )
In Re Vanderbilt Mortg. and Finance, Inc. , 166 S.W.3d 12 ( 2005 )