Recently, the Fifth Circuit Court of Appeals announced the withdrawal of its reversal of a lower court ruling in the case of Sanchez v. Smart Fabricators of Texas. In a somewhat unusual move, the full Fifth Circuit will now review the case en banc. As explained by the Legal Information Institute, en banc review is a review by all judges, not just one judge or a panel of judges. Here, our Houston, TX Jones Act lawyer explains the key things you need to know about this case and the implications for maritime workers.
An Overview of Fifth Circuit Rehearing of Sanchez v. Smart Fabricators of Texas
What Issue is at Stake in the Case?
A man named Gilbert Sanchez was injured when he tripped over a pipe. At the time, he was employed by Smart Fabricators of Texas and working on an oil platform, located off the coast of Texas. He filed personal injury claims under the Jones Act. The company moved for dismissal on the grounds that Mr. Sanchez was not a ‘seaman’ for the purposes of the law.
Why is the Fifth Circuit Reviewing the Matter En Banc?
A district court ruled in favor of the employer—finding that Mr. Sanchez was not a ‘seaman’ and therefore was not eligible to file a claim under the Jones Act. On appeal, a three-judge panel of the Fifth Circuit Court of Appeals reversed that decision. They determined that he met all necessary elements to qualify for protection under the federal law.
The Fifth Circuit Court has now withdrawn that decision on the grounds that their ruling may conflict with other circuit courts around the country. In other words, the court believes that there is a core discrepancy in maritime law over what standard should be used to determine who qualifies as a ‘seaman’ under the Jones Act. The full court will now have an opportunity to hear the case.
What are the Implications for Maritime Workers?
Currently, the most accepted standard for determining who is a ‘seaman’ under the Jones Act was set forth by the Supreme Court of the United States in the 1995 case of Chandris v. Latsis. Certainly, there appear to be some issues regarding the application of the standard. The Fifth Circuit decision will provide additional clarity as to who is protected under the Jones Act. Depending on the outcome of the case, it is possible that the issue may be headed to the nation’s highest court.
Call Our Texas Jones Act Attorney for Immediate Help
At the Kolodny Law Firm, our Texas maritime lawyers are skilled, experienced advocates for victims and their families. If you have any questions or concerns about your eligibility as a ‘seaman’ under the Jones Act, our legal team is more than ready to help. Contact us right away to schedule a free case review. From our Houston office location, we handle Jones Act claims throughout Southeastern Texas.
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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