Decided
Kurns v. Railroad Friction Products Corp.
Holding
Petitioners" state-law design-defect and failure-to-warn claims fall within the field of locomotive equipment regulation pre-empted by the Locomotive Inspection Act, as that field was defined in Napier v. Atlantic Coast Line R. Co.
Judgment
Affirmed, 6-3, in an opinion by Clarence Thomas on Feb 29, 2012. Justice Kagan filed a concurring opinion. Justice Sotomayor filed an opinion concurring in part and dissenting in part, which Justices Ginsburg and Breyer joined.
Merits Briefs for Petitioners
Amicus Briefs in Support of the Petitioners
- Brief for the Academy of Rail Labor Attorneys
- Brief for the American Association for Justice
- Brief for the National Association of Retired and Veteran Railway Employees
- Brief for Public Justice, P.C.
- Brief for Public Law Scholars
- Brief for the United States
Merits Briefs for the Respondents
Amicus Briefs in Support of the Respondents
- Brief for Thyssenkrupp Budd Company”
- Brief for the National Association of Manufacturers”
- Brief for General Electric Corporation”
- Brief for John Crane Inc.”
- Brief for Chamber of Commerce
- Brief for the Washington Legal Foundation
- Brief for DRI-The Voice of the Defense Bar”
- Brief for Griffin Wheel Company”
- Brief for the Association of American Railroads
Certiorari-stage Documents
- Petition for certiorari
- Brief in opposition for Railroad Friction Products Corp. (unavailable)
- Response to petition for VIAD
- Supplemental brief for respondent VIAD
- Supplemental brief for respondent Railroad Friction Products Corp.”
The supplemental briefs in this case make reference to the Solicitor General’s brief in Crane v. Atwell, which is available here.
Jan 3, 2011Petition for a writ of certiorari filed. (Response due February 7, 2011)
Jan 31, 2011Order extending time to file response to petition to and including March 9, 2011, for all respondents.
Mar 9, 2011Brief of respondent Railroad Friction Products Corporation. in opposition filed.
Mar 9, 2011Brief of respondent Viad Corp in opposition filed.
Mar 23, 2011DISTRIBUTED for Conference of April 15, 2011.
May 17, 2011DISTRIBUTED for Conference of June 2, 2011.
May 17, 2011Supplemental brief of respondent Viad Corp filed. (Distributed)
May 18, 2011Supplemental brief of respondent Railroad Friction Products Corporation. filed. (Distributed)
Jun 6, 2011Petition GRANTED.
Jul 14, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 14, 2011The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 12, 2011.
Jul 14, 2011The time to file respondents' brief on the merits is extended to and including October 3, 2011.
Aug 8, 2011SET FOR ARGUMENT ON Wednesday, November 9, 2011
Aug 12, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Viad Corp. and Railroad Friction Products Corp.
Aug 12, 2011Joint appendix filed. (Statement of costs filed.)
Aug 12, 2011Brief of petitioners Gloria Gail Kurns, Executrix of the Estate of George M. Corson, Deceased, et al. filed.
Aug 17, 2011Record from U.S.C.A. for 3rd Circuit is electronic..
Aug 19, 2011Brief amicus curiae of the United States filed.
Aug 19, 2011CIRCULATED.
Aug 19, 2011Brief amici curiae of Public Law Scholars filed. (Distributed)
Aug 19, 2011Brief amicus curiae of National Association of Retired and Veteran Railway Employees filed. (Distributed)
Aug 19, 2011Brief amicus curiae of Public Justice, P.C. filed. (Distributed)
Aug 19, 2011Brief amicus curiae of American Association for Justice filed. (Distributed)
Aug 19, 2011Brief amicus curiae of Academy of Rail Labor Attorneys filed. (Distributed)
Aug 22, 2011Record received from U.S.D.C. for Eastern District of Pennsylvania and the Court of Common Plea of Philadelphia. (2 boxes)
Oct 3, 2011Brief of Railroad Friction Products Corporation, et al. filed. (Distributed)
Oct 7, 2011Brief amicus curiae of Association of American Railroads filed. (Distributed)
Oct 7, 2011Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Oct 7, 2011Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Oct 7, 2011Brief amicus curiae of Product Liability Advisory Council filed. (Distributed)
Oct 11, 2011Brief amicus curiae of National Association of Manufacturers filed. (Distributed)
Oct 11, 2011Brief amicus curiae of ThyssenKrupp Budd Company filed. (Distributed)
Oct 11, 2011Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 11, 2011Brief amicus curiae of Griffin Wheel Company filed. (Distributed)
Oct 11, 2011Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Oct 11, 2011Brief amicus curiae of General Electric Corporation filed. (Distributed)
Oct 11, 2011Brief amicus curiae of John Crane Inc. filed. (Distributed)
Oct 28, 2011Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 28, 2011Reply of petitioners Gloria Gail Kurns, Executrix of the Estate of George M. Corson, Deceased, et al. filed. (Distributed)
Nov 9, 2011Argued. For petitioners: David C. Frederick, Washington, D. C.; and Sarah E. Harrington, Assitant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Jonathan D. Hacker, Washington, D. C.
Feb 29, 2012Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Alito, and Kagan, JJ., joined. Kagan, J., filed a concurring opinion. Sotomayor, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg and Breyer, JJ., joined.
Apr 2, 2012JUDGMENT ISSUED.
May 22, 2012Record returned to U.S.C.A. for the Third Circuit - 1 envelope.
Recommended Citation: Kurns v. Railroad Friction Products Corp., SCOTUSblog, https://www.scotusblog.com/cases/kurns-v-railroad-friction-products-corp-2/