Railway Says Preemption Broader Than Asbestos Plaintiffs Portray It

Mealey's (September 9, 2019, 2:34 PM EDT) -- KANSAS CITY, Kan. — Federal regulations are designed to prevent railroads from having to stop at each state border to ensure compliance with “hodgepodge” rules, a company argues in urging the 10th Circuit U.S. Court of Appeals to find asbestos claims preempted on Sept. 6.  But plaintiffs previously told the court safety regulations are limited to the specific products envisioned in the statutes (Nancy Little, et al. v. The Budd Co., No. 19-2014, 10th Cir.)....