BNSF Railway Co. Testifies Before the U.S. Committee on the Judiciary

Testimony by Mr. Paul Hoferer, Vice President & General Counsel, BNSF Railway Co., on February 2, 2005:

The Association of American Railroads (AAR) is pleased to submit testimony on behalf of the railroad industry on the "Fairness in Asbestos Injury Resolution Act (Act)."

AAR will address two issues that are of utmost concern to the railroad industry with respect to this legislation: the treatment of claims under the Federal Employers’ Liability Act (FELA), and the need to address the potential for asbestos claimants to circumvent the Act’s intent by converting asbestos claims to claims alleging respiratory/pulmonary injury caused by exposure to airborne substances other than asbestos, and thereby continuing to bring claims under the tort system.

The first issue is a unique concern of the railroad industry; the second is a concern of many asbestos defendants.