Legal Opinion
Emerson v. Kansas City Southern Railway Co.
Court of Appeals for the Tenth Circuit
Decided September 24, 2007No. 06-7081PublishedCited by 91 opinions
1Opinion of the Court
McCONNELL, Circuit Judge.
This case concerns the preemptive scope of the Interstate Commerce Commission Termination Act of 1995 (ICCTA). Kansas City Southern Railway Company (Railroad), the defendant below, argued to the district court that the ICCTA preempts the state tort claims brought by the plaintiffs, who own land adjacent to the Railroad’s track in Sequoyah County, Oklahoma. The district court accepted this argument and granted summary judgment in the Railroad’s favor. After reviewing the record, however, we conclude that the ICCTA does not expressly preempt the plaintiffs’ tort claims.…
2Cases cited21 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- English v. General Electric Co.Supreme Court of the United States · 1990
- Maryland v. LouisianaSupreme Court of the United States · 1981
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3Cited by91 opinions
- New Orleans & Gulf Coast Railway Co. v. BarroisCourt of Appeals for the Fifth Circuit · 2008
- Elam v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2011
- Chamber of Commerce of United States v. EdmondsonCourt of Appeals for the Tenth Circuit · 2010
- United States v. Supreme Court of New MexicoCourt of Appeals for the Tenth Circuit · 2016
- PCS Phosphate Co., Inc. v. Norfolk Southern Corp.Court of Appeals for the Fourth Circuit · 2009
86 more not listed; retrieve them via the Exa API.