Asbestos Loophole Danger Lurks Again

August 25, 2011  |  Mesothelioma

As if people suffering from mesothelioma don’t have enough to worry about … victims who have been exposed to asbestos through work on railroad cars now have to worry about getting their day in court.

Yes, sadly, contracting a fatal cancer that can be directly linked to asbestos in rail car work will not be enough to bring you justice unless the United States Supreme Court sees fit to side with the family of George Corson. Mr. Corson was a former railroad machinist whose family’s mesothelioma lawsuit is being challenged by the boiler and brake shoe manufacturers in a case titled Kurns v. Railroad Friction Products Corp. These manufacturers, eager to avoid financial hits for the harm they have caused, are arguing that they can not be sued because the government regulates railroad safety.

Thankfully the non-profit advocacy group, Public Justice, has taken on the cause and has written an important legal brief, explaining that even when federal legislation preempts state legislation, the Supreme Court has consistently held that Congress often intends to allow state tort claims to proceed.

We urge you to spread the word about this important upcoming decision.

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