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LAW v. GENERAL MOTORS CORP.

No. 95-16391.

114 F.3d 908 (1997)

Larry LAW; Del Mar McCutchen; Michael Barnes; Joseph Bowman; Albert Thompson; Andrew Curtis; Alan Fenton; Dennis Ross, Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION; General Electric, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 5, 1997.

Attorney(s) appearing for the Case

Paul F. Bennett, Gold, Bennett & Cera, San Francisco, California, for plaintiffs-appellants.

David M. Heilbron, Christopher B. Hockett, McCutchen, Doyle, Brown & Enersen; Frederick D. Baker, Sedgwick, Detert, Moran & Arnold, San Francisco, California, for defendants-appellees.

Before: NORRIS, KOZINSKI and TASHIMA, Circuit Judges.

OPINION

KOZINSKI, Circuit Judge.

We decide whether the Boiler Inspection Act (BIA), 49 U.S.C. §§ 20701-20903, preempts state common-law remedies against railroad manufacturers for injuries arising out of alleged design defects in their trains.

I

Appellants are eight railroad workers who claim that their hearing was severely damaged by excessive noise. In addition to the usual bells and whistles, appellants were exposed to bursts...

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