Ohio Supreme Court: Boiler Inspection Act Preempts State Law Asbestos Claims

COLUMBUS, Ohio - A state Supreme Court has ruled that the state law tort claims of former rail workers who claimed they were injured as a result of exposure to asbestos are preempted by the federal Boiler Inspection Act (BIA). Darby v. A-Best Products Company, et al., No. 2004-3720 (Ohio Sup. Ct.).

In a decision issued July 28, the Ohio Supreme Court affirmed an appeals court ruling that denied the plaintiffs' attempts to join several defendants to their complaint, ruling that the state law claims asserted against the parties could not withstand a preemption defense.

The plaintiffs initially filed their …