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BNSF RAILWAY COMPANY v. SEATS INC.

No. 1 CA-CV 14-0002.

349 P.3d 1096 (2015)

BNSF RAILWAY COMPANY, a Delaware corporation authorized to do business in Arizona, Cross-Claimant/Appellant, v. SEATS INCORPORATED, a Wisconsin corporation, Cross-Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

May 5, 2015.

Attorney(s) appearing for the Case

Thorpe Shwer, PC By William L. Thorpe , Bradley D. Shwer , Kristin Paiva , Phoenix, Counsel for Appellant.

Bowman and Brooke, LLP By Curtis J. Busby , Amanda E. Heitz , Phoenix, Counsel for Appellee.

Vorys Sater Seymour and Pease, LLP By J. Scott Jamieson , Columbus, OH, Co-Counsel for Appellee.

Presiding Judge KENT E. CATTANI delivered the opinion of the Court, in which Judge LAWRENCE F. WINTHROP and Judge PETER B. SWANN joined.

OPINION

¶ 1 This appeal addresses whether the Locomotive Inspection Act ("LIA"), 49 U.S.C. § 20701 et seq., preempts a state-law claim by a railway company alleging that a seat manufacturer failed to comply with the federal standard of care for manufacturing and installing locomotive seats. We conclude...

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