Protesting FELA’s Inclusion

Hoping to retain railroad employers as the sole viable defendants in asbestos lawsuits, rail labor protests FELA’s inclusion in the Act, complaining that the Act treats its members unfairly. This is not the case.

The Act prohibits all asbestos claimants from bringing a civil lawsuit for an asbestos-related injury. All claimants, including rail claimants, would exchange the right to bring suit for the right to receive compensation from the Fund if they meet the Fund’s medical criteria.

see also:

The Railroad's Defense To defend the railroad, it was stated that they did not make asbestos
Defending, Hoferer said, railroads did not manufacture asbestos.

Transfer of Asbestos Claims Legislation that involves the transfer of asbestos claims: The Rules
The rules re:legislation involving the transfer of asbestos claims

Report of Testimony re: FAIR Act Read Hoferer's testimony to the U.S. Judiciary on behalf of BNSF
More about BNSF's attorney Hoferer's testimony to the Judiciary