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For some time, the members of the Injuryboard have been blogging concerning the dangers to consumers with preemption, the use of federal agencies to rewrite administrative rules to circumvent state laws. Of particular concern is what midnight regulation the Bush Administration would try to do on the way out.

This week’s concern is the Transportation Safety Administration’s November 26 adoption of rail transportation security final rules which attempt to require the use of Congressional mandates and clearly with the intent to give railroad companies immunity from state tort lawsuits.

The American Association for Justice cites actions in 2007 by Congress, which express the intent to pre-empt state tort claims in railroad cases. The association’s representatives said the organization is working on persuading Congress to strike the pre-emption provision next year.

There are not many days left, but each one that passes hopeful is a safe one for the American Consumer.

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