Yesterday the U.S. Supreme Court ruled against plaintiff Gloria Kurns in Kurns v. Railroad Friction Products Crop. Gloria is the widow of retired railroad worker George Corson who died of mesothelioma after years of service for Railroad Friction Products as a welder, machinist and supervisor.
The Court held that the Locomotive Inspection Act trumps state laws requiring specific product warnings intended to protect workers and consumers. Manufacturers should be held responsible for knowingly exposing their workers and families to deadly asbestos, a product still legal in the U.S.
The Center for Constitutional Litigation wrote a brief on behalf of AAJ arguing:
“[the]right to legal remedy for wrongful injury is a fundamental right under the Constitution, courts may not preempt such a cause of action and leave injured persons without remedy unless Congress specifically intended…”
Asbestos exposure has been known to cause mesothelioma for over 60 years, but corporations continued to expose their workers without adequate protections.
Learn more about the case from AAJ’s amicus curiae brief filed in support of Gloria Kurns.