Kurns, et al. v. Railroad Friction Products Corp., et al.

Docket Number10-879
Decision Date29 February 2012

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40 cases
  • Va. Uranium, Inc. v. Warren
    • United States
    • U.S. Supreme Court
    • June 17, 2019
    ...Foreign Trade Council , 530 U. S. 363, 120 S.Ct. 2288, 147 L.Ed.2d 352 (2000), to railroads, Kurns v. Railroad Friction Products Corp. , 565 U. S. 625, 132 S.Ct. 1261, 182 L.Ed.2d 116 (2012), to energy, Hughes v. Talen Energy Marketing , LLC , 578 U. S. ––––, 136 S.Ct. 1288, 194 L.Ed.2d 414......
  • Straub v. BNSF Ry. Co.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • December 3, 2018
    ...provisions of BIA have been carried forward in LIA without meaningful substantive change. See Kurns v. R.R. Friction Prods. Corp. , 565 U.S. 625, 629, 132 S.Ct. 1261, 182 L.Ed.2d 116 (2012). That being the case, this court will cite cases interpreting BIA and LIA interchangeably. Furthermor......
  • Int'l Ass'n of Machinists Dist. Ten & Local Lodge 873 v. Allen
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • September 13, 2018
    ..., Garmon , or Machinists . The State cites and quotes Justice Kagan’s concurring opinion in Kurns v. Railroad Friction Products Corp. , 565 U.S. 625, 638, 132 S.Ct. 1261, 182 L.Ed.2d 116 (2012), which observes that some older preemption cases may seem anachronisms in terms of newer preempti......
  • Ward v. Soo Line R.R. Co.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • August 27, 2018
    ...standards of care directed to the subject of locomotive equipment are pre-empted by the LIA." Kurns v. Railroad Friction Products Corp. , 565 U.S. 625, 637, 132 S.Ct. 1261, 182 L.Ed.2d 116 (2012) (holding state-law claims of defective design and failure to warn preempted under LIA). Under N......
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1 firm's commentaries
  • Product Liability Update -- April 2012
    • United States
    • JD Supra United States
    • April 19, 2012
    ...Equipment, Including State Law Claims Alleging Defective Design or Failure to Warn Based on Asbestos Content In Kurns v. Railroad Friction Products Corp., 132 S. Ct. 1261 (Feb. 29, 2012), a welder and machinist for a railroad carrier, whose duties included installing brakeshoes on locomotiv......
1 books & journal articles
  • D. Defenses
    • United States
    • The South Carolina Law of Torts (SCBar) Chapter 4 Products Liability
    • Invalid date
    ...off-label use of medical device were preempted by Federal Food, Drug, and Cosmetic Act).[417] Kurns v. R.R. Friction Prods. Corp., 132 S. Ct. 1261 (2012) (holding that products liability claims against manufacturer of asbestos brake pads were preempted by federal Locomotive Inspection Act).......