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KURNS v. RAILROAD FRICTION PRODUCTS CORP.

Docket No.: 10-879
Certiorari Granted: 06/06/11
Argued: November 9, 2011
Decided: 02/29/12

Topics:

Locomotive Inspection Act, Clean Air Act, Commerce Clause, Locomotive Inspection Act, OSHA, Supremacy Clause, pre-emption clause, preemption, stare decisis

PartyNames: Gloria Gail Kurns, Executrix of the Estate of George M. Corson, Deceased, et al. v. Railroad Friction Products Corporation, et al.
Petitioner: Gloria Gail Kurns, Executrix of the Estate of George M. Corson, Deceased, et al.
Respondent: Railroad Friction Products Corporation, et al.

Court Below: United States Court of Appeals for the Third Circuit
Citation: 620 F.3d 392

Gloria Gail Kurns, Executrix of the Estate of George M. Corson, Deceased, et al.
v.
Railroad Friction Products Corporation, et al.
Question Presented:

DID CONGRESS INTEND THE FEDERAL RAILROAD SAFETY ACTS TO PREEMPT STATE LAW-BASED TORT LAWSUITS?

Question:

Did Congress intend the federal railroad safety acts to preempt state-law-based tort lawsuits?

KURNS v. RAILROAD FRICTION PRODUCTS CORP.
ORAL ARGUMENT

11/09/11

Listen to Oral Argument in KURNS v. RAILROAD FRICTION PRODUCTS CORP.
Holding: AFFIRMED
Decision: Decision: 6 votes for Railroad Friction Products Corp., 3 vote(s) against
Vote: 6-3
Majority: Thomas,Roberts,Scalia,Kennedy,Alito,Kagan
Concurring: Kagan,Sotomayor,Ginsburg,Breyer
Dissenting: Sotomayor, Ginsburg, Breyer
Opinion By:
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