Home | Business News | Browse by Publication | T | Trial

Eighth Circuit upholds no-preemption amendment in rail suit.

Publication: Trial
Publication Date: 01-SEP-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Ruling that a 2007 amendment to the Federal Railroad Safety Act (FRSA) was constitutional, a three-judge panel of the Eighth Circuit has held, 2-1, that plaintiffs may go forward with their lawsuits stemming from a 2002 derailment of a Canadian Pacific Railway train in Minot, North Dakota, that left one person dead and hundreds injured. (Lundeen v. Canadian P. Ry. Co., 2008 WL 2597958 (8th Cir. July 2, 2008).)

The appeals court rejected arguments by Canadian Pacific that the amendment--in which Congress clarified that federal law does not preempt state lawsuits against railroads for negligence--violated the separation of powers doctrine and its due process and equal protection rights.

Five tank cars carrying anhydrous ammonia ruptured in the derailment. More than 140,000 gallons of the toxic...

Access Full Article, Compliments of Goliath

View this article FREE - Now for a Limited Time, try Goliath Business News
Free for 3 Days!



More articles from Trial
A right worth the fight.(mandatory and binding arbitration clauses in ..., September 01, 2008
Corporate neglect in nursing homes: over the years, government agencie..., September 01, 2008
The poor still pay more: the small-loan industry preys on low-income A..., September 01, 2008
Banning class action bans: class action limitations, embedded in contr..., September 01, 2008
Do you speak tort 'reform'? Corporate America and its political allies..., September 01, 2008

Looking for additional articles?
Search our database of over 3 million articles.

Looking for more in-depth information on this industry?
Search our complete database of Industry & Market reports by text, subject, publication name or publication date.

About Goliath
Whether you're looking for sales prospects, competitive information, company analysis or best practices in managing your organization, Goliath can help you meet your business needs.

Our extensive business information databases empower business professionals with both the breadth and depth of credible, authoritative information they need to support their business goals. Whether it be strategic planning, sales prospecting, company research or defining management best practices - Goliath is your leading source for accurate information.