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O’Melveny Lawyers Recognized by Law360 for Supreme Court Win

April 24, 2012

Lawyers in O’Melveny & Myers LLP's Appellate Practice were recognized by Law360 as part of the publication’s “How They Won It” series for their work in the US Supreme Court case Gloria Gail Kurns et al. v. Railroad Friction Products Corp. et al., a closely watched asbestos exposure case. According to the April 23, 2012, article “O’Melveny Locks A High Court Win for Viad,” O’Melveny’s client Viad Corp. and the Railroad Friction Products Corp. faced allegations that their locomotive products exposed a railway repair worker to asbestos and caused him to suffer mesothelioma. The O’Melveny team, which included partner and Chair of O’Melveny’s Appellate Practice Jon Hacker, counsel Anton Metlitsky, and associate Joanna Nairn, prevailed for client Viad when the Supreme Court held that the worker's design defect and failure to warn claims were preempted by the Locomotive Inspection Act, standing by its 1926 decision in Napier v. Atlantic Coast Line Railroad Co. that the LIA handed the FRA exclusive authority to regulate locomotive equipment design.