Toxics Law Reporter™ delivers the most comprehensive, authoritative, and objective coverage of significant developments in toxic tort, hazardous waste, and related insurance litigation, all with...
By Peter Hayes
Oct. 4 — The U.S. Supreme Court Oct. 3 let stand a ruling that federal law preempts take-home asbestos claims relating to an urban rapid transit line ( Estate of Brust v. Del. River Port Auth. , 2016 BL 327491, U.S., No. 15-1529, 10/3/16 ).
The high court declined to consider a New Jersey appeals court finding that the Locomotive Inspection Act bars state-law claims arising from locomotive equipment—even if the entity operating the equipment isn’t subject to federal railroad regulations.
The Port Authority Transit Corporation is an urban rapid transit operation, not a railroad, and therefore not subject to federal railroad safety regulations or to federal law generally.
Sandra Brust alleged that asbestos brought home on her father’s work clothes caused her mesothelioma.
In Nov. 2015, a New Jersey appeals court found the claims preempted.
“In our view, state-law claims for defective design of the `locomotive equipment,’ and for failure to warn about its risks, fall within the field preempted by the LIA as defined in Napier,” the appeals court said, citing Napier v. Atl. Coast Line R.R. Co., 272 U.S. 605 (1926).
“Because plaintiffs’ negligence and products liability claims are directed at `the subject of locomotive equipment,’ they are therefore preempted under the sweeping field preemption adopted in Napier,” the court said.
Levy Konigsberg, L.L.P., and Szaferman, Lakind, Blumstein & Blader, PC represented the estate of Sandra Brust.
Archer & Greiner P.C. represented PATCO.
To contact the reporter on this story: Peter Hayes in Washington at PHayes@bna.com
To contact the editor responsible for this story: Steven Patrick at email@example.com
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)