Preemption

Preemption is the principle that federal law overrides conflicting state law. When a federal statute or regulation preempts a field or directly conflicts with a state-law claim, a person may be barred from bringing that claim in court, even if it would otherwise be valid under state law.

Origin

Preemption comes from the Supremacy Clause of the U.S. Constitution, which makes federal law "the supreme Law of the Land." Courts recognize express preemption, where Congress says so in the statute, and implied preemption, where federal law occupies a whole field or state law would conflict with it.

Significance in Asbestos Context

Defendants sometimes argue that a federal law preempts state asbestos claims. The best-known example involves railroads: in Kurns v. Railroad Friction Products Corp. (2012), the Supreme Court held that the federal Locomotive Inspection Act preempts state-law claims against makers of locomotive parts, including asbestos brake shoes, because Congress occupied the field of locomotive equipment. Railroad workers in that situation may still have claims against the railroad under the Federal Employers' Liability Act. Preemption arguments have also been raised over federal product-labeling laws and other regulations, with mixed results. Most asbestos product-liability and failure-to-warn claims are not preempted, but the question depends on the product, the industry and the specific federal law, so lawyers check it early.

Example Sentence

The brake-shoe manufacturer argued that the Locomotive Inspection Act preempted the retired railroad machinist's state-law failure-to-warn claim.

Related Terms

Product Liability, Failure to Warn, Government Contractor Defense, Federal Officer Removal, Removal to Federal Court, General Maritime Law

Notes

• If you worked for a railroad, tell your lawyer; different federal laws may apply to your claims.
• A preemption defense against one company does not necessarily affect claims against others.