3rd Circuit: Family's Claim Against Debtor Company Preempted By Federal Law

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on Aug. 13 reversed and remanded a bankruptcy court's ruling and held that a family that sued a debtor company for wrongful death was not entitled to file a claim in the bankruptcy proceeding because it was preempted by the Hazardous Materials Transportation Act (HMTA), 49 U.S. Code Section 5101 (Kenneth Elder Sr. v. Amtrol Holdings Inc. $(In Re: Amtrol Holdings Inc.$), No. 10-3273, 3rd Cir.; 2013 U.S. App. LEXIS 16703).

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