Legal Opinion
Law v. General Motors Corp.
Court of Appeals for the Ninth Circuit
Decided June 5, 1997No. 95-16391PublishedCited by 42 opinions
1Opinion of the Court
OPINION
KOZINSKI, Circuit Judge.
We decide whether the Boiler Inspection Act (BIA), 49 U.S.C. §§ 20701-20903, preempts state common-law remedies against railroad manufacturers for injuries arising out of alleged design defects in their trains.
I
Appellants are eight railroad workers who claim that their hearing was severely damaged by excessive noise. In addition to the usual bells and whistles, appellants were exposed to bursts of sound, often exceeding 120 decibels, from locomotive brakes and engines. They claim that defendants — the industry leaders in locomotive manufacturing — defectively…
2Cases cited14 opinions
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- English v. General Electric Co.Supreme Court of the United States · 1990
- Urie v. ThompsonSupreme Court of the United States · 1949
9 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinionCourt of Appeals for the Ninth Circuit · 2000
- Viggiano v. Hansen Natural Corp.District Court, C.D. California · 2013
- First Security Bank, Administrator of the Estate of Sharon E. Johnston v. Union Pacific Railroad CompanyCourt of Appeals for the First Circuit · 1998
- General Motors Corp. v. KilgoreSupreme Court of Alabama · 2002
- Industrial Truck Ass'n v. HenryCourt of Appeals for the Ninth Circuit · 1997
37 more not listed; retrieve them via the Exa API.