Railroad workers cannot pursue state law-based personal injury claims stemming from occupational asbestos exposure because such claims are pre-empted by the federal Locomotive Inspection Act, the 3rd Circuit ruled. The decision could create a legal conundrum, because the court rejected a contrary Pennsylvania Supreme Court holding on the books for 30 years. The issue could capture the U.S. Supreme Court's attention, as justices are always on the lookout for conflicts, including ones between circuits and state high courts.
September 17, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Railroad workers cannot pursue state law-based personal injury claims stemming from occupational exposure to asbestos because such claims are pre-empted by the federal Locomotive Inspection Act, the 3rd U.S. Circuit Court of Appeals has ruled.
The 3rd Circuit’s ruling could create something of a legal conundrum, however, because the court explicitly rejected a contrary holding by the Pennsylvania Supreme Court that has been on the books for three decades.
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