Kurns v. Railroad Friction Products Corp. et a — Kagan, J…

Summary

Justice Kagan concurs in full with the Court’s holding that the Locomotive Inspection Act preempts the petitioners’ state‑law tort claims for both defective‑design and failure‑to‑warn, reasoning that the agency’s delegated authority under the Act covers both the design of locomotive equipment and the conditions of its use, including warnings. The opinion notes that modern preemption law requires a clear congressional intent to occupy a field, but finds that the LIA’s scope satisfies that test. Justice Sotomayor, joined by Justices Ginsburg and Breyer, concurs in part and dissents in part, arguing that failure‑to‑warn claims should not be pre‑empted.