Lanier v. Norfolk Southern Corp.

Michael B. Lanier appeals the district court’s order dismissing his case and asserts that the district court incorrectly found that no duty was owed to him under South Carolina tort law. Lanier also argues for the first time on appeal that jurisdiction under the Class Action Fairness Act (“CAFA”) was improper. We find that jurisdiction was proper under CAFA and affirm the district court’s order.

I

On January 5, 2005, three employees of Norfolk Southern Corporation and Norfolk Southern Railway Company (collectively referred to as “Norfolk”) took a local train to the Avondale Mills, Inc.…