Supreme Court of the United States

Kurns v. Ra — Sotomayor, J., Concurring in Part and Dissenting…

February 29, 2012132 S. Ct. 1261

Summary

Justice Sotomayor concurred that the Locomotive Inspection Act (LIA) preempts state-law defective design claims but dissented from the Court's holding that it preempts failure-to-warn claims. She reasoned that failure-to-warn claims focus on providing warnings rather than altering physical equipment, falling outside the preempted field. Justice Kagan, concurring, agreed with the Court but disagreed with Sotomayor, arguing warnings are within the agency's power and thus preempted.