Judge: One Federal Statute Can't Preempt Another in Asbestos Case

NEW YORK - Already successful in having state law product liability claims preempted, defendants in a mesothelioma case have failed to persuade a New York judge that the plaintiff's FELA negligence action is also barred by federal statute. Caradonna v. A.W. Chesterton Co. Inc., et al., No. 106785/06 (N.Y. Sup. Ct., New York Cty.).

The ruling comes after New York County Supreme Court Justice Helen E. Freedman relegated plaintiff Joseph Caradonna's state law asbestos action to a Federal Employers Liability Act (FELA) case following the dismissal of several asbestos product manufacturers.

Caradonna sued numerous defendants, claiming his mesothelioma was …