Legal Opinion
New England Central Railroad v. Springfield Terminal Railway Co.
District Court, D. Massachusetts
Decided February 3, 2006No. CIV.A. 04-30235-MAPPublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM AND ORDER REGARDING DEFENDANTS’ PARTIAL MOTION TO DISMISS (Docket No. 20)
PONSOR, District Judge.
I. INTRODUCTION
This case concerns a dispute over liability for damages resulting from a train derailment. Plaintiff, New England Central Railroad, Inc., is seeking compensation under federal and state law for damage to its track and property, and for related economic losses, caused by Defendants, Springfield Terminal Railway Company and Boston and Maine Corporation
Defendants have moved to dismiss Plaintiffs state law claims on the ground that they are preempted by federal law. For the…
2Cases cited25 opinions
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- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Sprietsma v. Mercury MarineSupreme Court of the United States · 2002
- Friberg v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2001
- City of Auburn v. United States GovernmentCourt of Appeals for the Ninth Circuit · 1998
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3Cited by8 opinions
- PCS Phosphate Co., Inc. v. Norfolk Southern Corp.District Court, E.D. North Carolina · 2007
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- William A. Gross Construction Associates, Inc. v. American Manufacturers Mutual InsuranceDistrict Court, S.D. New York · 2009
- Swinomish Indian Tribal Community v. BNSF Railway Co.District Court, W.D. Washington · 2017
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