3rd Circuit Affirms Dismissal, Finds Claims Preempted by Locomotive Inspection Act

PHILADELPHIA -- The U.S. Court of Appeals for the 3rd Circuit has upheld an award of summary judgment to two manufacturer defendants that supplied locomotive parts, holding that the products were within the scope of the Locomotive Inspection Act. Kurns, et al. v. A.W. Chesterton Inc., et al., No. 09-1634 (3rd Cir.).

As such, the appellate court determined in the Sept. 9 opinion that the asbestos claims were preempted by the Act.

The claims were filed in state court on behalf of George M. Corson for his alleged exposure to asbestos while he worked as a welder, machinist and supervisor …