Bartel

INTRODUCTION

Administrators of the estate of a deceased seaman, Carsie Fairman, and Mr. Fairman’s widow (collectively, appellants) filed a wrongful death action under the Jones Act (46 U.S.C. § 30104 et seq.)1 and general maritime law against the owners and operators of ships Mr. Fairman worked aboard (respondents). Appellants filed the action in superior court pursuant to the “saving to suitors clause,” which provides state courts with concurrent maritime jurisdiction. (28 U.S.C. § 1333(1).) Appellants appeal the dismissal of their complaint by the trial court for lack of prosecution under California Code of Civil Procedure section 583.310.2 They contend the trial court erred in dismissing their case because the Jones Act preempts section 583.310. We hold section 583.310 is a state procedural law that neither violates a characteristic feature of the Jones Act nor interferes with the proper harmony and uniformity of that law. Accordingly, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On October 4, 2013, appellants filed a complaint against respondents under the Jones Act and general maritime law, alleging Mr. Fairman developed lung cancer caused by exposure to asbestos products…