Legal Opinion
Tubbs v. Surface Transportation Board
Court of Appeals for the Eighth Circuit
Decided December 28, 2015No. 14-3898PublishedCited by 27 opinions
1Opinion of the Court
SMITH, Circuit Judge.
Flood waters from the Missouri River heavily destroyed the family farm of Thomas and Dana Lynn Tubbs in 2011. The Tubbses attribute the total loss to BNSF Railway Company’s maintenance of a railway embankment running across their farm. The Surface Transportation Board (“Board”) concluded that the Interstate Commerce Commission Termination Act, 49 U.S.C. § 10501(b), (ICCTA) preempts the Tubbses’ state-law claims. We deny the Tubbses’ petition for review.
I. Background
The Tubbses own a 550-acre farm near the Missouri River. BNSF owns and operates a railroad track over an…
2Cases cited12 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Emerson v. Kansas City Southern Railway Co.Court of Appeals for the Tenth Circuit · 2007
- Franks Investment Co. LLC v. Union Pacific RailroadCourt of Appeals for the Fifth Circuit · 2010
- PCS Phosphate Co., Inc. v. Norfolk Southern Corp.Court of Appeals for the Fourth Circuit · 2009
- New York Susquehanna and Western Railway Corp. v. JacksonCourt of Appeals for the Third Circuit · 2007
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3Cited by27 opinions
- Henry C. Wedemeyer v. CSX Transportation, Inc.Court of Appeals for the Seventh Circuit · 2017
- FOX v. NORFOLK SOUTHERN CORPORATION Et Al.Court of Appeals of Georgia · 2017
- Schmidt v. Heather Ramsey, APRN-CNMCourt of Appeals for the Eighth Circuit · 2017
- City of Ozark, AR v. Union Pacific Railroad Co.Court of Appeals for the Eighth Circuit · 2016
- Mark Griffioen, Joyce Ludvicek, Mike Ludvicek, Sandra Skelton, and Brian Vanous, Individually and on Behalf of All Others Similarly Situated v. Cedar Rapids and Iowa City Railway Company, Alliant Energy Corporation, Union Pacific Railroad Company, and Union Pacific Corporation.Supreme Court of Iowa · 2018
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