Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Kurns v. Railroad Friction Products Corp.

Docket No. Op. Below Argument Opinion Vote Author Term
10-879 3d Cir. Nov 9, 2011
Tr.Aud.
Feb 29, 2012 6-3 Thomas OT 2011

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 Justice Thomas on February 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.

SCOTUSblog Coverage

Briefs and Documents

Merits Briefs for Petitioners

Amicus Briefs in Support of the Petitioners

Merits Briefs for the Respondents

Amicus Briefs in Support of the Respondents

Certiorari-stage Documents

The supplemental briefs in this case make reference to the Solicitor General’s brief in Crane v. Atwell, which is available here.

 

 

 
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