DOT Says US HazMat Rules Preempt State Tort Claims

Law360, New York (July 5, 2012, 5:07 PM EDT) -- The U.S. Department of Transportation said Tuesday that federal hazardous material transportation law preempts private lawsuits that seek to establish state common law requirements for the design or manufacture of hazardous material packaging.

The DOT’s administrative ruling, published in the Federal Register, was determined in response to a request by container manufacturer Amtrol Inc., which had been sued by the family of a man who was killed when he immersed a rusty gas tank in extremely hot water.

Amtrol applied to the DOT Pipeline and Hazardous...
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