MDL Court: Asbestos Claims Asserting Exposure on Railcars Preempted by LIA

PHILADELPHIA –– The court overseeing the national asbestos products liability multidistrict litigation docket has found that state law asbestos claims alleging exposure to brake shoes on railcars are preempted by the Locomotive Inspection Act.

In the Dec. 5 order, the U.S. District Court for the Eastern District of Pennsylvania opined that since the railcar brake shoes are a “part of appurtenance” of the locomotive, the Act applies.

“Here, Plaintiff’s claims stem from brake shoes located on railcars, which are an essential and integral part of the locomotive braking system,” the court said. “State regulation of the railcar brake shoes …