Last minute regulations make railroads immune from state personal injury lawsuits

Railroad companies will soon be immune from state personal injury lawsuits thanks to a late filed regulation that the Transportation Safety Administration adopted recently. Like in other premises, the Bush Administration states that state personal injury lawsuits and other tort lawsuits are impliedly pre-empted by federal law. But, the American Association for Justice disagrees and says that Congress in a 2007 measure related to a train accident expressed that it did not intend to pre-empt state personal injury claims.

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