No. 10-879.

132 S.Ct. 1261 (2012)

182 L.Ed.2d 116

Gloria Gail KURNS, Executrix of the Estate of George M. Corson, Deceased, et al., Petitioners v. RAILROAD FRICTION PRODUCTS CORPORATION et al.

Supreme Court of United States.

Decided February 29, 2012.

Attorney(s) appearing for the Case

David C. Frederick , Washington, DC, for Petitioners.

Sarah E. Harrington , for the United States, as amicus curiae, by special leave of the Court, supporting the Petitioners.

Jonathan D. Hacker , Washington, DC, for Respondents.

Richard P. Myers , Robert E. Paul , Alan I. Reich , Mary Gilbertson, Paul, Reich & Myers, P.C., Philadelphia, PA, David C. Frederick , Counsel of Record, Brendan J. Crimmins , Emily T.P. Rosen , Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC, for Petitioners.

Daniel Markewich , Ellen G. Margolis , Amy Kallal, Mound Cotton Wollan & Greengrass, New York, NY, Walter Dellinger , Jonathan D. Hacker (Counsel of Record), Anton Metlitsky , Joanna Nairn , O'Melveny & Myers LLP, Washington, DC, for Viad Corp.

James C. Martin , John L. Vitsas , Courtney C.T. Horrigan , David J. Bird , Robert H. Owen , Reed Smith LLP, Pittsburgh, PA, for Railroad Friction Products Corp.

Justice THOMAS delivered the opinion of the Court.

This case requires us to determine whether petitioners' state-law tort claims for defective design and failure to warn are pre-empted by the Locomotive Inspection Act (LIA), 49 U.S.C. § 20701 et seq. The United States Court of Appeals for the Third Circuit determined that petitioners' claims fall within the field pre-empted by that Act, as that field was defined by this Court's decision in Napier v...

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