8th Circ. BNSF Ruling Clarifies Federal Preemption
Law360 (August 16, 2018, 8:52 PM EDT) -- The Eighth Circuit's recent finding that BNSF Railway Co. can sue a seat manufacturer over an engineer's injury clarifies that state law claims based on federal safety standards don't upend the national uniformity in railroad regulations that has long been protected by federal law, experts say.
The federal appeals court on Aug. 13 revived BNSF's breach-of-contract and product liability suit against Seats Inc. on grounds that the case wasn't preempted by the federal Locomotive Inspection Act and should have been allowed to advance in district court. Experts say the ruling — although narrowly tailored to the specific circumstances of this case...
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