In Re: Refinery Workers Toxic Tort Litigation

CourtSuperior Court of The Virgin Islands
DecidedJanuary 14, 2022
DocketSX-15-CV-198
StatusPublished

This text of In Re: Refinery Workers Toxic Tort Litigation (In Re: Refinery Workers Toxic Tort Litigation) is published on Counsel Stack Legal Research, covering Superior Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: Refinery Workers Toxic Tort Litigation, (visuper 2022).

Opinion

IN THE SUPERIOR COURT OF THE VIRGIN ESLANDS

TAMARA CHARLES IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS ue cocen DIVISION OF ST. CROIX

IN RE: Refinery Workers Toxic Tort | Master Case No. SX-2015-CV-198 Litigation. (Complex Litigation Division)

Re: SX-2006-CV-231,-221

Korey A. Nelson, Esq., Charles Jacob Gower, Esq. and Harry Rick Yelton, Esq.

Burns Charest LLP

365 Canal Street, Suite 1170

New Orleans, LA 70130

For Plaintiffs

J. Russell Pate, Esq. The Pate Law Firm PO Box 890

St. Thomas, V! 00804 For Plaintiffs

Warren T. Burns, Esq and Daniel T. Charest, Esq Burns Charest, LLP

900 Jackson Street, Ste. 500

Dallas, TX 75202

Jerry Hudson Evans, Esq.

Richard, Patrick, Westbook, & Brickman LLC PO Box 1007

Mt. Pleasant, SC 29465

For Plaintiffs In Re: Hurricane Workers Toxic Tort Litigation, SX-15-CV-198 2021 VI Super 4P

Memorandum Opinion

Page 2

Carl A. Beckstedt Ill, Esq.

Beckstedt & Kuczynski LLP

2162 Church Street

Christiansted, V.1. 00820

For Defendants Hess Corporation and Hess Oi! New York Corporation (formerly Hess Oil Virgin Islands Corporation)

Carolyn F. O’Connor, Esq. and Joseph T. Hanlon, Esq.

Wilson Elser Moskowitz Eldelman & Dicker LLP

200 Campus Drive

Florham Park, NJ 07932-0668

For Defendants Hess Corporation and Hess Oil New York Corporation (formerly Hess Oil Virgin Islands Corporation)

W. Mark Wilczynski, Esq.,

Law Offices of W. Mark Wilxynski P.O. Box 1150

St. Thomas, V.1. 00804-1150

For Litwin Corporation

James L. Hymes, Esq Hymes and Zebedee

No. 10 Norre Gade

St. Thomas, V.1. 00804-150 For Litwin Corporation

MEMORANDUM OPINION (Filed January 14, 2022)

Andrews, Jr., Judge INTRODUCTION 1 Plaintiffs, each over 70 years of age, bring this action for damages against defendant oil refinery companies. They allege, during their employment,

Defendants negligently exposed them to toxic substances which caused them to In Re: Hurricane Workers Toxic Tort Litigation, SX-15-CV-198 2021 VI Super 4P

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suffer disease and illnesses. Based upon their senior status, Plaintiffs moved to expedite their trial date by invoking provisions of a newly enacted Virgin Islands law, that is, Act No. 8468 (the Act). Defendants respond the new law violates the separation of powers doctrine and should not be applied to complex cases. For the reasons mentioned below, this Court concludes the trial preference provision of the Act is mandatory and does not violate the separation of powers doctrine. The Court will thus grant Plaintiffs’ request for a preferential trial setting. FACTUAL BACKGROUND

(2 ~=‘Pilaintiffs, Kadar Mohansingh and James Hughes commenced the above- referenced civil actions on March 14, 2006 against Hess Corporation (Hess), Hess Oil Virgin Islands Corporation (HOVIC), Litwin Corporation, and Universal Oil Products.' They seek damages for injuries allegedly suffered as a result of their

exposure to asbestos, silica, and catalyst dust while employed at Hess Oil Virgin

1 Plaintiffs’ cases are grouped under the instant master case (SX-2015-MC-00198). A total of 10 active similar cases, including the instant plaintiffs, remain currently grouped thereunder. Pursuant to the parties stipulation, this Court dismissed plaintiffs’ cases against defendant Universal Oil Products on December 4" and 8", 2009. On April 26, 2020, this Court further dismissed plaintiff Hughes’ case (2006-221) against Hess Corporation (Héss) and Hess Oil Virgin Islands Corporation (HOVIC). Consequently the instant motion for preferential! trial setting by Mohansingh (2006-231) pertains only to defendants Hess, HOVIC and Litwin; and the motion by Hughes pertains only to defendant Litwin. The April 26, 2020 order also permitted Lynette Hughes to substitute as plaintiff for her deceased husband, James Hughes. In Re: Hurricane Workers Toxic Tort Litigation, SX-15-C\V-198 2021 VI Super 4P

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Islands Refinery. See Complaints (SX-2006-CV-231, Mar. 14, 2006 and SX-2006- CV-221, Mar. 14, 2006). On August 16, 2021, the Governor of the Virgin Islands signed Bill No. 34-0076 into law. It subsequently became Act No. 8468 (the Act) now codified at 5 V.I. § 31(b). On September 20 - 21, 2021, Plaintiffs Mohansingh and Lynette Hughes (personal representative of James Hughes) filed motions for preferential trial settings pursuant to the Act alleging they are over 70 years of age. Both submitted proof of their age in the form of Virgin Islands drivers’ licenses. Defendants Hess and HOVIC filed an opposition to Mohansingh’s motion on October 18, 2021, and Mchansingh replied on November 18, 2021. Litwin filed no response to the motion. On December 20, 2021, this Court held a hearing on both motions and took the matter under advisement.

APPLICABLE LAW 13 The doctrine of separation of powers is implicitly incorporated into the law of the Virgin Islands Territory by virtue of the division of power amongst the legislative, executive, and judicial branches of government as provided in the

Revised Organic Act of 1954. Gerace v. Bentley, 65 V.I. 289, 301 (V.I. 2016);

Balboni v. Ranger Am. of the V.I., Inc.. 70 V.I. 1048, 1084 (V.1. 2019) (stating

Congress delegated certain powers to the Virgin islands Government and

“established a system of separation of powers within its branches.”); Todmann v. In Re: Hurricane Workers Toxic Tort Litigation, SX-15-CV-198 2021 Vi Super 4P

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People of the V.I., 57 V.1. 540, 543 (V.I. 2012) ("The doctrine of separation of

powers applies with respect to the coordinate branches of government in the Virgin

Islands.” citing Smith v. Magras, 124 F.3d 457, 465 (3d Cir. 1997)). The doctrine

prohibits one branch of government from exercising powers of the other two. Bryan v. Fawkes, 61 V.I. 201, 212 (V.I. 2014). The Organic Act functions as a de facto constitution for the territory. Regarding the promulgation of procedural rules, it provides: The rules governing the practice and procedure of the courts established by local law and those prescribing the qualifications and duties of the judges and officers thereof, oaths and bonds, and the times and places of holding court shall be governed by local law or the rules promulgated by those courts. 48 U.S.C. § 1611(c). This provision vests the Virgin Islands Legislature and the

Virgin Islands Judiciary with concurrent authority to promulgate rules of procedure.

Gerace, 65 V.I. at 302; In Re Richards, 213 F.3d 773, 783-84 (3d Cir. 2000); Govt.

of the V.l_ v. Durant, 49 V.I. 366, 373 (V.I. 2008). However, it only permits the

Legislature to establish substantive law. Bentley, 65 V.!. at 302: Durant, 49 VJ. at 373 (stating “The ROA authorizes the local courts to create only procedural rules, not substantive ones.”). As such, any substantive law created by the Virgin Islands Supreme Court “must ultimately yield to the substantive statutes adopted

by the Legislature.” World Fresh Markets, LLC v. Palermo, 74 V.1. 455, 461 (V.I.

In Re: Hurricane Workers Toxic Tort Litigation, SX-15-CV-198 2021 VI Super 4P

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2021). Conversely, any inconsistent or conflicting procedural rule adopted by the Supreme Court “will always prevail over any procedural statute enacted by the Legislature.” Id; see also Bentley, 65 V.I.

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