In re Oceanografia, S.A. de C.V.

A merchant vessel registered in Mexico and sailing with a Mexican crew was ferrying workers, all citizens of Mexico, from a Mexican port to an offshore drilling site when it sank off the coast of Mexico. One worker drowned. The deceased worker’s beneficiaries and ninety-one of the surviving workers sued the operator of the ship, a Mexican entity; the owner of the ship, a Mexican entity; and the operator’s marketing affiliate, a Texas entity created after the incident, for damages in Cameron County, Texas. Defendants moved to dismiss based on forum non conveniens. The trial court denied the motion. Defendants sought mandamus relief from the court of appeals. The court denied relief, ruling that Defendants’ lack of diligence in pursuing relief had prejudiced Plaintiffs. The Supreme Court conditionally granted mandamus relief and directed the trial court to issue an order dismissing the case for forum non conveniens, holding that the factors in Tex. Civ. Prac. & Rem. Code 71.051(b) predominated in favor of dismissal. View "In re Oceanografia, S.A. de C.V." on Justia Law