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ARTICLE · 05 MARCH 2012

Supreme Court Decision Alert - February 29, 2012

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Today the Supreme Court issued one decision, described below, of interest to the business community.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published February 29, 2012

Keywords: Locomotive Inspection Act, LIA, product-liability claims

Recently the Supreme Court issued one decision, described below, of interest to the business community.

Locomotive Inspection Act—Preemption of State-Law Tort Claims

Kurns v. Railroad Friction Products Corp., No. 10-879 (previously discussed in the June 6, 2011 Docket Report).

The Locomotive Inspection Act ("LIA"), 49 U.S.C. §§ 20701 et seq. provides that "[a] railroad carrier may use or allow to be used a locomotive . . . only when . . . its parts and appurtenances . . . are in proper condition and safe to operate without unnecessary danger of personal injury." In Napier v. Atlantic Coast Line R.R. Co., 272 U.S. 605, 613 (1926), the Supreme Court held that the LIA "was intended to occupy the field" of locomotive design, construction, and material. Today the Supreme Court reaffirmed that holding in Kurns v. Railroad Friction Products Corp., No.

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