National Industrial Sand Ass'n v. Gibson

897 S.W.2d 769, 38 Tex. Sup. Ct. J. 541, 1995 Tex. LEXIS 52, 1995 WL 246091
CourtTexas Supreme Court
DecidedApril 27, 1995
DocketD-3855
StatusPublished
Cited by259 cases

This text of 897 S.W.2d 769 (National Industrial Sand Ass'n v. Gibson) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Industrial Sand Ass'n v. Gibson, 897 S.W.2d 769, 38 Tex. Sup. Ct. J. 541, 1995 Tex. LEXIS 52, 1995 WL 246091 (Tex. 1995).

Opinions

GONZALEZ, Justice,

delivered the opinion of the Court,

in which HIGHTOWER, HECHT, SPECTOR and OWEN, Justices, join.

This original mandamus action involves the overruling of a special appearance filed pursuant to Rule 120a of the Texas Rules of Civil Procedure. Relator, National Industrial Sand Association (NISA), is a defendant in three consolidated silicosis lawsuits in Ector County. NISA argued that it lacked the minimum contacts with Texas necessary for the trial court to assert personal jurisdiction under the Due Process Clause of the Fourteenth Amendment. U.S. Const, amend. XIV, § 1; see Burger King Corp. v. Rudzewicz, 471 U.S. 462, 471-72, 105 S.Ct. 2174, 2181-82, 85 L.Ed.2d 528 (1985). The trial court held that it had personal jurisdiction over NISA. NISA then sought leave to file a petition for writ of mandamus with the court of appeals. That court held that NISA’s remedy by way of appeal from a final judgment was adequate. 855 S.W.2d 790. We disagree.

The remedy of mandamus is “extraordinary” and “available only in limited circumstances.” Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992). Consequently, a writ of mandamus will issue only “to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law.” Johnson v. Fourth Ct. of Appeals, 700 S.W.2d 916, 917 (Tex.1985) (citing State v. Walker, 679 S.W.2d 484, 485 (Tex.1984)). We recently held in Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 307 (Tex.1994), that an appeal from a final judgment is ordinarily adequate to remedy denial of a special appearance. However, in Canadian Helicopters, we noted an exception to this rule in cases in which the trial court’s assertion of personal jurisdiction is “with such disregard for guiding principles of law that the harm to the defendant becomes irreparable.” Id. at 308. Because this case falls within the exception, we conditionally grant the writ of mandamus.

NISA is a non-profit lobbying organization based in Silver Spring, Maryland. It represents members’ interests before Congress and various agencies of the federal government in matters affecting the sandblasting industry. It does not manufacture or supply industrial sand or protective equipment. The plaintiffs in the three underlying lawsuits are former sandblasters who contracted silicosis. They sued NISA along with several manufacturers and sellers of sand. The plaintiffs’ claims against the latter defendants are based on negligence and products liability. Their theory with regard to NISA is conspiracy. Specifically, the plaintiffs allege that NISA conspired with Texas Mining Company and Lone Star Industries1 for the purposes of (1) suppressing information on the dangers of silica and (2) defeating the [772]*7721974 public health movement2 to ban the use of abrasives containing high levels of silica.

NISA filed special appearances to contest the trial courts’ personal jurisdiction in each of the three lawsuits. It provided the following facts. NISA keeps its members informed of developments in federal law through the circulation of periodic letters and other publications. However, NISA has never appeared before or communicated with . any member or staff of the Texas Legislature or with any regulatory authority in the state. Only one Texas corporation, Texas Mining Company, is a member of NISA. NISA’s only contacts with this state have been periodic mailings of its letters, publications, and notices of acceptance of dues to Texas Mining since the company became a member of NISA in 1976.

The trial court consolidated the three lawsuits for consideration of NISA’s special appearances. (In oral argument the Court was informed that there were five cases pending in Ector County and sixteen cases in Jefferson County wherein NISA is a defendant.) In response, the plaintiffs asserted specific jurisdiction over NISA based on the alleged conspiracy and general jurisdiction based on the relationship between NISA and Texas Mining Company.

In Personam Jurisdiction

The Due Process Clause guarantees that a party cannot be bound to the “judgments of a forum with which he has established no meaningful ‘contacts, ties, or relations.’ ” Burger King, 471 U.S. at 471-72, 105 S.Ct. at 2181 (quoting International Shoe Co. v. Washington, 326 U.S. 310, 319, 66 S.Ct. 154, 159, 90 L.Ed. 95 (1945)). In order for a court’s assertion of jurisdiction over a nonresident defendant to comport with due process, the defendant must have purposefully established minimum contacts "with the forum state sueh that it could reasonably anticipate being sued in the courts of the state. See Guardian Royal Exch. Assurance, Ltd. v. English China Clays, 815 S.W.2d 223, 226-27 (Tex.1991) (explaining that a party must have fair warning that its activity will subject it to the jurisdiction of the forum). The exercise of jurisdiction also must comport with fair play and substantial justice. See id. at 226 (citing Burger King, 471 U.S. at 475-76, 105 S.Ct. at 2183-84). For a trial court to have specific jurisdiction over a defendant, the cause of action must arise out of or relate to the defendant’s contact with the forum state. On the other hand, so long as the defendant has had continuous and systematic contacts with the forum state, a trial court has general jurisdiction even if the cause of action did not arise from the defendant’s purposeful conduct in the state. See Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414-16, 104 S.Ct. 1868, 1872-73, 80 L.Ed.2d 404 (1984); Guardian Royal, 815 S.W.2d at 228. A defendant asserting lack of personal jurisdiction by special appearance has the burden of negating all bases of jurisdiction. Guardian Royal, 815 S.W.2d at 231 n. 13; Siskind v. Villa Found, for Educ., Inc., 642 S.W.2d 434, 438 (Tex.1982).

NISA presented undisputed evidence that it:

1. Is not and never has been a resident of Texas;
2. Is not required to maintain and has never maintained a registered agent for service in Texas;
3. Does not maintain, and has never maintained a place of business in Texas;
4. Does not have, and has never had any employees or agents in Texas;
5. Has never maintained an office, mailing address, or telephone number in Texas;
6. Has never owned any assets in Texas;
7. Has never paid any taxes in Texas;
8. Has never maintained a bank account in Texas;
9. Has never owned, leased, rented, or controlled any real or personal property in Texas;
10.

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Bluebook (online)
897 S.W.2d 769, 38 Tex. Sup. Ct. J. 541, 1995 Tex. LEXIS 52, 1995 WL 246091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-industrial-sand-assn-v-gibson-tex-1995.