Union Pacific Railroad v. Louisiana Public Service Commission

In this case, Plaintiff-Appellant Union Pacific Railroad Company (“Union Pacific”) appeals the district court’s grant of summary judgment in favor of Defendants-Appellees Louisiana Public Service Commission, Eric Skrmetta, James M. Field, Lambert C. Boissiere, III, Clyde C. Holloway, Foster L. Campbell, and the State of Louisiana (collectively “the State of Louisiana” or “the State”). We conclude that the State of Louisiana is entitled to immunity and REMAND to the district court with instructions to dismiss.

I. Factual and Procedural Background

In 2008, the Louisiana Legislature passed Act No.…