10th Circuit: Railroad Car Insulation Asbestos Claim Escapes Preemption

Mealey's (April 6, 2020, 11:29 AM EDT) -- KANSAS CITY, Kan. — Claims stemming from asbestos insulation on passenger car pipes escape preemption because the Safety Appliance Act (SAA) does not list the product among its covered devices and the defendant never argued below that the cars themselves are locomotive appurtenances, a 10th Circuit U.S. Circuit Court of Appeals panel held April 3 (Nancy Little, et al. v. The Budd Co., No. 19-3014, 10th Cir.)....