July 8, 2026
London Fischer LLP congratulates Brian A. Kalman and his team on their victory in the case Malerba v. New York City Transit Authority in a case venued in Supreme Court, New York County. The trial court dismissed the third party complaint against plaintiff’s employer based upon federal preemption based upon the Hazardous Materials Transportation Act (“HMTA”). HMTA contains a preemption provision that “encompasses state law claims ‘about’ ‘the designing, manufacturing, fabricating, inspecting, marketing, maintaining, reconditioning, repairing or testing [of] a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.” At the time of the alleged accident plaintiff was engaged in activities enumerated in the HMTA. The trial court granted London Fischer LLP’s motion to dismiss the claims against plaintiff’s employer.
To read a copy of the decision click on: Malerba v. New York City Transit Authority, et al.
