United States Third Circuit

In an action arising out of the rollover of a pipe layer manufactured by defendant-Caterpillar, which resulted in the death of plaintiff's husband, summary judgment for defendant on preemption grounds is reversed where: 1) OSHA's savings clause, 29 U.S.C. section 653(b)(4), operates to save state tort rules from preemption; and 2) plaintiff's claim for defective equipment brought under the New Jersey Products Liability Act fell within the scope of OSHA's savings clause.

Appellate Information

• Decided 03/26/2007
• Published 03/26/2007

Judges

• Before:  BARRY, VAN ANTWERPEN, and GIBSON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert G. Bauer, Neil E. Durkin (Argued), Abraham, Bauer & Spalding, Philadelphia, PA, for Appellant.


• For Appellees:
  
• James H. Keale (Argued), Zachery M. Barth, Sedgwick, Detert, Moran & Arnold LLP, Newark, NJ, for Appellee.