2nd Cir. Upholds Finding that Bus Workers’ Diesel Fume Claims Are Preempted

NEW YORK — The 2nd Circuit U.S. Court of Appeals has affirmed dismissal of consolidated complaints filed by New York transit workers who alleged that they were injured as a result of exposure to diesel exhaust fumes. Butnick, et al. v General Motors Corp., et al., No. 11-1068 (2nd Cir.).

In a July 11 decision, the federal appeals court upheld a district court’s finding that the federal Clean Air Act preempts state law failure-to-warn claims brought against manufacturers of diesel fuel engines and the urban buses that incorporated them.

According to the plaintiffs — all New York City Transit workers …