# Norfolk Southern Railway Co. v. Bogle

> Ohio Supreme Court · October 10, 2007 · 115 Ohio St. 3d 455

URL: https://www.frixlaw.com/law-library/cases/6791174

## Case

- **Full name:** Norfolk Southern Railway Co. v. Bogle
- **Court:** Ohio Supreme Court
- **Decided:** October 10, 2007
- **Citations:** 115 Ohio St. 3d 455
- **Precedential status:** Published
- **Opinion:** Dissent by Pfeifer
- **Judges:** Connor, Cupp, Donnell, Lanzinger, Moyer, Pfeifer, Stratton
- **Cited by:** 31 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6791174

## Opinion text

Pfeifer, J.,
dissenting.
{¶ 33} I disagree with the majority opinion’s conclusion that R.C. 2307.92 does “not impose an unnecessary burden on a federally created right.” The majority opinion states that “the impact of [R.C 2307.92] is to establish a procedural prioritization of the asbestos-related cases on the court’s docket. Nothing more.” I believe, to the contrary, that “[t]he new Ohio requirement precludes the [Federal Employers’ Liability Act/Locomotive Boiler Inspection Act (‘FELA/ LBIA’) ] claimants from proceeding on their claims until filing the report satisfying the requirements of R.C. 2307.92 et seq. * * * [T]his requirement would ‘gnaw1 at the FELA/LBIA claimants’ substantive rights to assert a cause of action under federal law in a state court.” Norfolk S. Ry. Co. v. Bogle, 166 Ohio App.3d 449 , 2006-Ohio-1540 , 850 N.E.2d 1281, ¶ 26 . I believe that FELA and LBIA preempt R.C. 2307.92. I dissent.
Moyer, C.J., concurs in the foregoing opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6791174. Public record. Not legal advice.