Kurns Vs. Railroad "Ryan Francis" Supreme Court Case Presentation.

Case: Gloria Kurn's is suing the Arizona RailRoad Company for the cause of her fathers death due being exposed to asbestos from a railroad part. The problem in this case, is that the "National Railroad Act" states that each part they send out is to be expected thoroughly before being transported to the workers on the railroad. " He subsequently died of malignant mesothelioma, caused by exposure to asbestos during his employment." - Chuan Liu. The district court denied Mrs. Corson's case, stating that the Locomotive Inspection Act (LIA) took on the state-law claims and the United States Court of Appeals agreed. 

The Locomotive Inspection Act was passed in 1911, and re visited in 1915 and 1924. The law states that it's mandatory for the company to inspect every aspect pf the parts they send out to the companies that order them. In. In this case, they didn't. The Supreme Court’s decision in this case may limit the kind of claims that other people can successfully use in court. Gloria Kurn's initial question was could she sue, and how she would go about it. So she and her family did their research, and found the different laws and acts enacted, and brought them into court n the day of their Supreme Court trial.

"This case will determine whether the Locomotive Inspection Act preempts state-law tort claims against locomotive parts manufacturers for injuries that occurred in railroad-maintenance facilities. Petitioners Kurns and Corson argue that the LIA only regulates locomotives in actual service on railroad lines, and thus that its preemptive scope does not cover state-based claims arising from injuries sustained when the locomotives were off-line or in repair." - Amanda Hellenthal"

The outcome of the case is still being decided because the case was so stumping. No one could really get to a conclusion from the information given, even with the laws states. Neither of the sides know what the law covers exactly, and how far it can be used in this case

Attached Below is the audio of the court case's argument: 

KURNS v. RAILROAD FRICTION PRODUCTS CORP. . The Oyez Project at IIT Chicago-Kent College of Law. 20 January 2012. <http://www.oyez.org/cases/2010-2019/2011/2011_10_879>.

Inc. – 5 Supreme Court Cases Entrepreneurs Should Watch. (2001, October 7). Retrieved from http://www.inc.com/articles/201110/5-supreme-court-cases-entrepreneurs-should-watch.html

Supreme Court of the United States – Search Results. (2011). Retrieved from http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-879.htm

Alliance for Justice – Kurns v. Railroad Friction Products. (2010). Retrieved from http://www.afj.org/connect-with-the-issues/the-corporate-court/kurns-v-railroad-friction.html