Legal Opinion
MD Mall Associates, LLC v. CSX Transportation, Inc.
Court of Appeals for the Third Circuit
Decided April 30, 2013No. 12-1934PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
JORDAN, Circuit Judge.
MD Mall Associates, L.L.C. (“MD Mall”), appeals from the summary judgment entered against it by the United States District Court for the Eastern District of Pennsylvania on MD Mall’s claims that CSX Transportation, Inc. (“CSX”), a railroad, is liable for storm water flooding MD Mall’s property. For the reasons that follow, we will vacate the District Court’s grant of summary judgment, and remand for further proceedings consistent with this opinion.
*483I. Background1
A. The Runoff Problem
MD Mall owns and operates the Mac-Dade Mall (the “Mall”) located in…
2Cases cited41 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Southland Corp. v. KeatingSupreme Court of the United States · 1984
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Wyeth v. LevineSupreme Court of the United States · 2009
- Arizona v. United StatesSupreme Court of the United States · 2012
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3Cited by46 opinions
- Antonio Pearson v. Prison Health ServiceCourt of Appeals for the Third Circuit · 2017
- In Re Nickelodeon Consumer Privacy LitigationCourt of Appeals for the Third Circuit · 2016
- Proceeding before the Court of Common Pleas of Philadelphia v. JohnsonCourt of Appeals for the Third Circuit · 2015
- In Re Vehicle Carrier Services Antitrust LitigationCourt of Appeals for the Third Circuit · 2017
- In Re Fosamax (Alendronate Sodium) Products Liability LitigationCourt of Appeals for the Third Circuit · 2014
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