Frederick W. Tyrrell v. Norfolk Southern Railway Company
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
SILER, Circuit Judge.
Plaintiff Frederick W. Tyrrell appeals the district court’s grant of partial summary judgment to Defendant Norfolk Southern Railway Company. The lower court held that under the Interstate Commerce Commission Termination Act (“ICCTA”), the Surface Transportation Board’s (“STB”) exclusive regulatory jurisdiction over rail construction preempts the Ohio track clearance regulation upon which Tyrrell based his negligence per se claim under the Federal Employers’ Liability Act (“FELA”). Tyrrell argues that the district court erred as the Federal Railway Safety Act…
2Cases cited18 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Norfolk Southern Railway Co. v. ShanklinSupreme Court of the United States · 2000
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- Joshua Nye and Judy Ramirez v. Csx Transportation, Inc.Court of Appeals for the Sixth Circuit · 2006
- Iowa, Chicago & Eastern Railroad Corporation v. Washington County, IowaCourt of Appeals for the Eighth Circuit · 2004
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