Boiler Inspection Act preempts railroad workers' claims alleging injury from products containing asbestos

Law Reporter, Jun 2004

In re West Va. Asbestos Litig., 592 S.E.2d 818 (W. Va. 2003).

Answering a certified question, the Supreme Court of Appeals of West Virginia held the Locomotive Boiler Inspection Act, 49 U.S.C. §§ 20701 et seq., preempts railroad workers' state law products liability claims against the manufacturers of asbestos-containing locomotive parts.

The court cited Ninth Circuit case law rejecting the argument that the act applies only to railroad carriers, not manufacturers. The Ninth Circuit reasoned that imposing tort liability on railroad equipment manufacturers would force them to conform to design and construction standards imposed by the states, an outcome the act was intended to prevent. Noting that a majority of other courts had adopted the same view and that its path was "blocked by an avalanche of adverse authority," the court concluded plaintiffs' claims are preempted.