3rd Circ. Defers To DOT On State Hazmat Suit Preemption

Law360, New York (August 13, 2013, 5:21 PM EDT) -- The Third Circuit on Tuesday deferred to the U.S. Department of Transportation’s finding that federal law preempts private lawsuits that seek to establish state common law requirements for hazardous material packaging, dealing a blow to a wrongful death action brought against Amtrol Holdings Inc. in Delaware bankruptcy court.

A three-judge panel for the appeals court found that the DOT’s finding is entitled to deference under the U.S. Supreme Court’s guidance on when to accede to an agency’s interpretation of a statute that it administers, as laid...
To view the full article, register now.