NORFOLK S. RY. CO. v. BOGLE

No. 2006-1025.

115 Ohio St.3d 455 (2007)

2007-Ohio-5248

NORFOLK SOUTHERN RAILWAY CO., APPELLANT v. BOGLE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 10, 2007.


Attorney(s) appearing for the Case

Gallagher Sharp, Kevin C. Alexandersen, Colleen A. Mountcastle, and Holly M. Olarczuk-Smith, for appellant.

Squire Sanders & Dempsey, L.L.P., and Charles F. Clarke, urging reversal for amicus curiae, Association of American Railroads.


O'DONNELL, J.

{¶ 1} The central issue presented for our consideration concerns whether the application of the prima facie filing requirements of 2003 Am.Sub.H.B. 292 ("H.B. 292"), as codified in R.C. 2307.92, to asbestos claims arising out of the Federal Employers' Liability Act ("FELA") or the Locomotive Boiler Inspection Act ("LBIA") infringes upon the Supremacy Clause of the United...

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