Railroad Worker's FELA Claim Not Preempted by Locomotive Act, MDL Judge Rules

PHILADELPHIA - The Locomotive Inspection Act does not preclude a former Long Island Railroad electrician from asserting an asbestos-related FELA claim against his employer for damages related to his development of mesothelioma, the federal MDL judge has ruled. McCullom, et al. v. Allen-Bradley Co., et al., No. 10-65924 (E.D. Pa.).

Judge Eduardo C. Robreno, who presides over MDL 875 in the U.S. District Court for the Eastern District of Pennsylvania, ruled Dec. 2 that the LIA's regulation of locomotive safety has been found to have a peremptory effect over state law causes of action challenging the presence of asbestos in …