Andrew Yates was quoted in an August 16 Law360 article titled “8th Circ. BNSF Clarifies Federal Preemption.” The article discusses the Eighth Circuit’s recent finding that BNSF Railway Company can continue forward with a breach-of-contract and product liability suit against a seat manufacturer after an engineer suffered a career-ending injury as a result of the seat’s collapse. The federal appeals court stated that the case wasn’t preempted by the federal Locomotive Inspection Act and should have been able to advance in district court.
Experts told Law360 they agreed with the panel’s take.
The uniqueness comes down to the facts of the case, Andrew G. Yates, an attorney with Lane Powell PC, told Law360.
“The principles are positive because they drive certainty for everybody regardless of where you stand on the issue,” Yates said.