High Court Weighs Preemption In Railway Asbestos Case

Law360, New York (November 9, 2011, 7:57 PM EST) -- A deceased railway worker's wife urged the U.S. Supreme Court on Wednesday to find that the Locomotive Inspection Act does not bar state product liability tort claims over asbestos exposure, an outcome that would contradict decades-old case law.

During oral arguments, the high court considered the validity of a Third Circuit decision concluding that state law failure to warn claims brought by the widow of George Corson against Viad Corp. and Railroad Friction Products Corp. were preempted by the LIA, a 1911 law that provides that...
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