Court Finds that Pleading Requirements Don't Impose 'Unnecessary Burden'

COLUMBUS, Ohio -- The Ohio Supreme Court has found that the application of prima facie requirements to Federal Employees' Liability Act or Locomotive Boiler Inspection Act claims does not violate the U.S. Supremacy Clause and the claims are, therefore, not preempted by federal law. Norfolk Southern Railway Co., v. Bogle, et al., No. 2007-Ohio-5248 (Ohio Sup. Ct.).

In the Oct. 10 decision, the high court reversed a Cuyahoga County Court of Appeals order that found the claims were preempted by federal law because they violated the Supremacy Clause of the U.S. Constitution.

"We therefore hold that the prima facie …