United States Third Circuit

In a civil suit on behalf of plaintiff and her deceased husband's estate, asserting state law causes of action arising from her husband's exposure to asbestos during the forty years he worked for the railroad, the District Court's grant of defendant's motion to dismiss, on grounds that plaintiff's claims were preempted by the Locomotive Inspection Act, 49 U.S.C. section 20701 et seq., and the Safety Appliance Act, 49 U.S.C. section 20301 et seq., is vacated where the District Court erred procedurally by dismissing her complaint based on facts that were neither in her complaint nor undisputed.

Appellate Information

• Published 2016/05/16

Judges

• HARDIMAN

Court

• United States Third Circuit

Counsel