For decades railroad equipment, including engines, were heavily insulated with asbestos fiber, a known carcinogen and causally related to mesothelioma, a rare and fatal cancer. Many lawsuits have been filed by victims and their families to recover benefits against the suppliers, manufacturers and distributors of asbestos fiber. This month, The US Supreme Court heard oral argument to determine whether state laws were preempted under Federal law and that state laws were not applicable in judging the lawsuits.
The initial claims for asbestos related diseases were filed as workers' compensation claims in the United States. Soon it was revealed that the suppliers, distributors and health research (trade) organizations were concealing information to the workers as to the deadly dangers of asbestos fiber. As asbestos related disease, including mesothelioma, became epidemic, tens of thousands of civil claims were filed.
As a result of the long latency period from exposure to asbestos fiber to disease manifestation, the claims continue to be filed on behalf of former workers and their estates. While the exposures are usually multi-faceted, the issue regarding which law will cover railroad claims remains unresolved.
Gloria Gail Kurns, Executrix of the Estate of George M. Corson, Deceased, et al., Petitioners v. Railroad Friction Products Corporation, No. 10-879.
US Supreme Court Opinion
SCOTUSblog Coverage
- Argument recap: Contending with old precedent
- Argument preview: Preemption under the Locomotive Inspection Act
Briefs and Documents
Merits Briefs for PetitionersAmicus Briefs in Support of the Petitioners
- Brief for the Academy of Rail Labor Attorneys
- Brief for the American Association for Justice
- Brief for the National Association of Retired and Veteran Railway Employees
- Brief for Public Justice, P.C.
- Brief for Public Law Scholars
- Brief for the United States
Amicus Briefs in Support of the Respondents
- Brief for Thyssenkrupp Budd Company
- Brief for the National Association of Manufacturers
- Brief for General Electric Corporation
- Brief for John Crane Inc.
- Brief for Chamber of Commerce
- Brief for the Washington Legal Foundation
- Brief for DRI-The Voice of the Defense Bar
- Brief for Griffin Wheel Company
- Brief for the Association of American Railroads
- Petition for certiorari
- Brief in opposition for Railroad Friction Products Corp. (unavailable)
- Response to petition for VIAD
- Supplemental brief for respondent VIAD
- Supplemental brief for respondent Railroad Friction Products Corp.
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
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