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Showing posts with label Elena Kagan. Show all posts
Showing posts with label Elena Kagan. Show all posts

Thursday, March 1, 2012

US Supreme Court Rules State Mesothelioma Claim Preempted By Federal Locomotive Statute

The US Supreme Court ruled yesterday in Kurns v. Railroad Friction Products Corp.that a claim can not be brought under state law  for either design-defect for failure-to-warm because they are preempted under Federal law (Locomotive Inspection Act). The plaintiff, George Corson, contracted mesothelioma after working as a welder repairing asbestos brakes for the railroad.

See: Supreme Court Rules State Tort Law Claims Preempted by Federal Locomotive Statute (Justica.com)

"Justice Elena Kagan, in her concurring opinion, concluded that the design-defect and failure-to-warn claims were preempted by the LIA because "Napier recognized the federal agency's delegated authority over "the design, the construction and the material of every part of the locomotive."" Justice Sonia Sotomayor concurred in part and dissented in part, and was joined by Justices Stephen Breyer and Ruth Bader Ginsburg. Though they agreed that the design-defect claim was preempted by the LIA, they concluded that the failure-to-warn claim was not preempted because the field defined in Napier differently today because recent cases have regularly rejected the field preemption doctrine when statutory language does not contain an express preemption clause."

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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.