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Waterman Steamship Corp. and Maersk Line Limited v. Ruiz

Appellants, Waterman Steamship Corporation (Waterman) and Maersk Line, Limited (Maersk), appeal the trial court's order denying their special appearances. Appellants' denial of a plaintiff's jurisdictional allegations sufficiently preserved their objection to personal jurisdiction, and their failure to move for Rule 12(b) dismissal during the three months that the case remained pending in federal court after answering did not waive their objections. The trial court's order is affirmed in part and reversed and rendered in part. Houston's 1st Court of Appeals, No. 01-10-00516-CV, 04-14-2011.

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OPINION

In this interlocutory appeal, appellants, Waterman Steamship Corporation (Waterman) and Maersk Line, Limited (Maersk), appeal the trial court’s order denying their special appearances. Appellees, Miguel Ruiz, John Cronan, and Richard Hicks, sued Waterman and Maersk for negligence under the Jones Act and general maritime law for injuries allegedly suffered during the hijacking of the M/V MAERSK ALABAMA by pirates off the coast of Somalia. In four issues on appeal, Waterman and Maersk contend that the trial court erred in denying the special appearances because: (1) appellants did not waive their special appearances in this case by their actions in Hicks’s earlier suit; (2) appellants lack sufficient minimum contacts with Texas to support the exercise of general jurisdiction; (3) exercising personal jurisdiction under these circumstances does not comport with traditional notions of fair play and substantial justice; and (4) the trial court erred in failing to file findings of fact and conclusions of law. Waterman additionally contends that its officer, Peter Johnston, had personal knowledge of the facts contained in his affidavit supporting its special appearance.

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