25-0149
Tex.Jun 19, 2026Background
- Demaree Reed, a switchman for Rail Link, Inc., was injured when he fell from a moving railcar and later sued Rail Link for negligence and gross negligence under FELA. 1
- Rail Link moved for summary judgment, arguing FELA did not apply because it was not a common carrier by railroad, and the trial court instead referred that status question to the Surface Transportation Board. 2
- Rail Link’s petition to the Board asked for a common-carrier determination under ICCTA, not under FELA, and the Board opened a declaratory-order proceeding. 3
- Reed sought mandamus relief from the referral order, and the court of appeals denied relief. 4
- The Texas Supreme Court held that mandamus was proper because no statute clearly authorized the Board to decide Rail Link’s common-carrier status under FELA. 5
- The court also held Reed lacked an adequate appellate remedy because the referral risked wasted resources and separation-of-powers harm. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Could the trial court refer Rail Link’s FELA status to the Board? 7 | Reed said no statute gave the Board jurisdiction over FELA common-carrier status. | Rail Link said the Board’s ICCTA powers and expertise supported referral. | No; the referral was an abuse of discretion. 8 |
| Does ICCTA clearly authorize the Board to decide FELA common-carrier status? 9 | Reed said ICCTA covers only rail-transport regulation, not FELA tort liability. | Rail Link said ICCTA’s common-carrier definition and jurisdiction were broad enough. | No; ICCTA does not clearly grant that power. 10 |
| Does FELA itself grant the Board jurisdiction over the question? 11 | Reed said FELA leaves common-carrier status to courts under common law. | Rail Link said FELA’s scope implied Board involvement. | No; FELA contains no clear jurisdictional grant to the Board. 12 |
| Does the APA declaratory-order power supply jurisdiction? 13 | Reed said declaratory orders require underlying jurisdiction. | Rail Link said the Board could issue a declaratory order here. | No; declaratory-order authority does not create jurisdiction. 14 |
| Did Reed lack an adequate remedy by appeal? 15 | Reed said the referral would waste resources and impair separation of powers. | Rail Link said ordinary appeal was adequate. | Yes; mandamus was warranted. 16 |
Key Cases Cited
- In re Illinois National Insurance Co., 685 S.W.3d 826 (Tex. 2024) (mandamus requires clear abuse of discretion and no adequate appellate remedy 17)
- In re Kay, 715 S.W.3d 747 (Tex. 2025) (legal error or misapplication of law is an abuse of discretion 18)
- Harris County Appraisal District v. Texas Workforce Commission, 519 S.W.3d 113 (Tex. 2017) (agencies are statutory creatures with no inherent authority 19)
- Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212 (Tex. 2002) (no presumption agencies may resolve disputes; primary jurisdiction requires agency authority 20)
- In re Southwestern Bell Telephone Co., 235 S.W.3d 619 (Tex. 2007) (district courts are presumed to have jurisdiction absent exclusive agency jurisdiction 21)
- Butnaru v. Ford Motor Co., 84 S.W.3d 198 (Tex. 2002) (when primary jurisdiction applies, courts abate until the agency acts 22)
- Foree v. Crown Central Petroleum Corp., 431 S.W.2d 312 (Tex. 1968) (primary jurisdiction does not apply if the agency lacks power to grant relief 23)
- Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (standard for adequate appellate remedy in mandamus 24)
- Prudential Insurance Co. of America v. In re Prudential, 148 S.W.3d 124 (Tex. 2004) (mandamus is proper when appeal would cause irreversible waste of resources 25)
- United States v. Western Pacific Railroad Co., 352 U.S. 59 (U.S. 1956) (issues within special administrative competence may be referred under primary jurisdiction 26)
- Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (U.S. 2024) (overruled Chevron deference 27)
- NFIB v. Department of Labor, Occupational Safety & Health Administration, 595 U.S. 109 (U.S. 2022) (federal agencies possess only authority Congress provides 28)
- Norfolk Southern Railway Co. v. Sorrell, 549 U.S. 158 (U.S. 2007) (FELA elements are determined by common law absent contrary statutory language 29)