Railroad Suits Will Be Preempted

Beginning later this month, railroad companies will be immune from state tort lawsuits under a new "midnight regulation" adopted by the Transportation Safety Administration (TSA).

The new regulation, which takes effect Dec. 26th, is included in the final rule of the rail transportation security measure that the TSA published in the Nov. 26 Federal Register. "The rule is based on the premise, adopted by the Bush administration in numerous other regulations, that state tort lawsuits are impliedly pre-empted by federal law." The American Association for Justice, however, says Congress did not intend for state court claims against railroads to be preempted, and will seek to have Congress remove the pre-emption provision next year. Read more.