Gori Julian & Associates, P.C.
Get Your FREE Case Review 24 Hours A Day
More than $3 Billion Recovered For Our Clients

Locomotive act at issue in Supreme Court asbestos case

Next month, the justices of the Supreme Court of the United States will hear oral arguments in a case regarding the locomotive industry and railroad employees. Specifically, the suit aims to determine whether the federal Locomotive Inspection Act preempts state law claims against companies that are involved with the design and manufacture of locomotives and locomotive parts.

The lawsuit was filed by a representative of the estate of a man who was fatally exposed to asbestos on locomotives. Two private companies, Railroad Friction Products Corp. and Viad Corp. are the suit's two remaining defendants, after 50 additional defendants were dismissed by lower courts.

If the Supreme Court finds in favor of the plaintiff, victims who have been negligently exposed to asbestos during their railroad employment will be able to name private companies that design and manufacture asbestos-containing products as defendants in personal injury lawsuits. Currently, the Locomotive Inspection Act preempts any state law standard of care regarding the requirements for locomotives and parts, reducing the potential causes of action in many otherwise valid asbestos lawsuits.

According to the American Association for Justice, which filed a brief in support of the plaintiff in the case, the high court's decision should be based upon the intent of Congress in creating the locomotive act. "Because the right to a legal remedy for wrongful injury is a fundamental right under the Constitution," the brief argued, "courts may not preempt such a cause of action and leave injured persons without remedy unless Congress specifically intended that result."

Source: Legal Newsline, "Feds side with plaintiffs attorneys in preemption dispute," John O'Brien, Oct. 12, 2011

No Comments

Leave a comment
Comment Information

Why Choose Gori Julian?

  1. Experience

    With over 100 years of combined legal experience, we guide our clients through the litigation process by addressing questions and concerns and about the outcome every step of the way. Read More

  2. Results

    The team at Gori Julian fights hard for clients, working to get the compensation and the settlement they deserve, obtaining over $3 billion in verdicts and settlements for our clients. Read More

  3. Team Approach

    We are more than just experienced attorneys: our team is also made up of highly trained paralegals and professionals specially trained to deal with the demands of these complex cases. Read More

  4. Faster Trial Dates

    We know that obtaining funds in a timely manner will help cover medical expenses. Gori Julian works quickly to recover funds and secure the earliest possible trial dates on our client's behalf. Read More

Watch Our Video

Watch More In Our Video Center >


Super Lawyers Million Dollar Advocates Forum American Association for Justice
ABA - Defending Liberty - Purusing Justice Illinois State Bar Association

Fill Out Our Form Today To Get A Free Case Review.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Get a Free Case Review Today

Gori Julian News

Gori Julian & Associates and Global Brew Raise More Than $20,000 at Recent Oktoberfest Event

Read More >

In The Community

Gori Julian & Associates and Global Brew Raise More Than $20,000 at Recent Oktoberfest Event

More Community & Events >

Read Our White Paper

A Continuing Threat: How Deadly Legacy Of Asbestos Haunts Navy Veterans Today >

Edwardsville Office
156 North Main Street
Edwardsville, IL 62025
Map & Directions

Washington, DC Office
1875 Connecticut Ave. NW, 10th Floor
Washington, DC 20009
Map & Directions

New Orleans Office
909 Poydras Street, Suite 2195
New Orleans, LA 70112
Map & Directions

Los Angeles Office
3848 Carson Street, Suite 103
Torrance, CA 90503
Map & Directions

St. Louis Office
1133 Pine Street
St. Louis, MO 63101
Map & Directions

New York Office
360 Lexington Avenue, 20th Floor
New York, NY 10017
Map & Directions

Orlando Office
37 N. Orange Ave., Suite 201
Orlando, FL 32801
Map & Directions

Alton Office
500 E 6th Street
Alton, Illinois 62002
Map & Directions

Get Your FREE Case Review 24 Hours A Day 888-362-6890
Close X

Contact Us For A Free Case Assessment

Back To Top