Legal Opinion
Roth v. NORFALCO LLC
Court of Appeals for the Third Circuit
Decided June 28, 2011No. 10-2524PublishedCited by 64 opinions
1Opinion of the Court
OPINION
SMITH, Circuit Judge.
David Roth was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying Roth across his face and chest and inflicting severe burns. Roth brought suit, seeking damages for his personal injuries under the common law, but the District Court held that his lawsuit was preempted by the Hazardous Materials Transportation Act (“HMTA”), 49 U.S.C. §§ 5101-5128. We agree and will therefore affirm.
I
In the early 1970s, those who transported hazardous materials through interstate commerce were forced to navigate “a patchwork…
2Cases cited30 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
25 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Treasurer of New Jersey v. United States Department of the TreasuryCourt of Appeals for the Third Circuit · 2012
- Castro v. United States Department of Homeland SecurityCourt of Appeals for the Third Circuit · 2016
- Knepper v. Rite Aid Corp.Court of Appeals for the Third Circuit · 2012
- Abraham v. St. Croix Renaissance Group, L.L.L.P.Court of Appeals for the Third Circuit · 2013
- Metropolitan Edison Co. v. Pennsylvania Public Utility CommissionCourt of Appeals for the Third Circuit · 2014
59 more not listed; retrieve them via the Exa API.