Norfolk Southern Railway Co. v. Bogle

{¶ 1} The central issue presented for our consideration concerns whether the application of the prima facie filing requirements of 2003 Am.Sub.H.B. 292 (“H.B. 292”), as codified in R.C. 2307.92, to asbestos claims arising out of the Federal *456Employers’ Liability Act (“FELA”) or the Locomotive Boiler Inspection Act (“LBIA”) infringes upon the Supremacy Clause of the United States Constitution and therefore is preempted by federal law. For the reasons that follow, we have concluded that the appellate court erred in finding preemption, and therefore, we reverse the judgment of the court of…