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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:

KURNS v. RAILROAD FRICTION PRODUCTS CORP.
Case Documents

1Opinion in KURNS v. RAILROAD FRICTION PRODUCTS CORP.
2KURNS v. RAILROAD FRICTION PRODUCTS CORP. Oral Argument Transcript (HTML)
3KURNS v. RAILROAD FRICTION PRODUCTS CORP. Oral Argument Transcript (PDF)
4KURNS v. RAILROAD FRICTION PRODUCTS CORP. Oral Argument Audio
5KURNS v. RAILROAD FRICTION PRODUCTS CORP. Oral Argument Audio (November 9, 2011)