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Lawyers leery over preemptive strike to failure-to-warn claim

The confusing state of the U.S. Supreme Court’s preemption jurisprudence got trickier late last month with a ruling throwing out a state-based failure-to-warn claim on the grounds that federal law occupied the field of locomotive safety. The ruling in Kurns v. Railroad Friction Products, coupled with the mixed bag of preemption jurisprudence from the court over ...

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