STORY FROM: Asbestos
N.J. Appellate Court Affirms Awards of Summary Judgment, Says LIA Preempted Asbestos Claims
December 9, 2015
TRENTON, N.J. –– A New Jersey appellate court has affirmed awards of summary judgment entered in favor of several asbestos defendants, opining in part that the Locomotive Inspection Act does preempt state law claims arising from locomotive equipment even if the entity operation the equipment is not subject to federal railroad regulations.
In the Nov. 19 opinion, the New Jersey Superior Court, Appellate Division said that the preempted field “is the subject of locomotive equipment, regardless of the entity using it.”
“In this case the railroad defendants must prevail because Congress exclusively occupies the field including the manufacture of locomotive ...