W.Va. Court: Boiler Act Preempts Rail Workers' Asbestos Claims

CHARLESTON, W.Va. - West Virginia's highest court has ruled that the state law personal injury claims of thousands of railroad workers allegedly exposed to asbestos are preempted by federal law. In Re: West Virginia Asbestos Litigation, No. 31237 (W.Va. Sup. Ct. App.).

In a decision released Dec. 4, the West Virginia Supreme Court of Appeals said that the Locomotive Boiler Inspection Act (BIA) trumps any state action against manufacturers of asbestos-containing parts and components of railroad locomotives that would affect the design construction and material of the locomotives.

'Imposing tort liability on railroad equipment manufacturers would do just that, …