Federal railroad administration&state premption

The National Law Journal reports that the Federal Railroad Administration is attempting "an end run" around newly enacted federal law preserving to the states personal injury lawsuits against railroads. The focus is on a proposed railroad safety regulation which has a permeable that pre-empts "any state law, regulation or order, including state common law" relating to the operation of a locomotive as the lead unit on a passenger train. This language is in conflict with a law signed by George Bush in August which made it clear that the FRSA was not intended to pre-empt state cases.

About Paul Luvera

Plaintiff trial lawyer for 50 years. Past President of the Inner Circle of Advocates & Washington State Trial Lawyers Association. Member American Board of Trial Advocates, American College of Trial Lawyers, International Academy, International Society of Barristers, member of the National Trial Lawyers Hall of Fame & speaker at Spence Trial College
This entry was posted in Premption. Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.