Railcar Company Says Preemption Argument Survives, Should Apply In Asbestos Case

Mealey's (February 1, 2019, 2:25 PM EST) -- KANSAS CITY, Kan. — Whether asbestos claims arising from railcar steam pipes are preempted is a jurisdictional issue and can be raised at any time, and evidence offered in an asbestos trial now warrants finding that federal law precludes the action, a company told a federal judge in Kansas in a Jan. 31 reply brief (Nancy Little, et al. v. The Budd Co., No. 16-4170, D. Kan.)....