Legal Opinion
Lundeen v. Canadian Pacific Railway Co.
District Court, D. Minnesota
Decided February 2, 2007No. 04-CV-3220 (JMR/FLN)PublishedCited by 17 opinions
1Opinion of the Court
ORDER
JAMES M. ROSENBAUM, Chief Judge.
This case, and thirty other related cases, 1 arises out of a train derailment which occurred on January 18, 2002, near Minot, North Dakota. Defendants ask the Court to dismiss these cases pursuant to Rule 12(e) of the Federal Rules of Civil Procedure (“Fed. R. Civ.P.”) claiming federal preemption bars plaintiffs’ state law negligence claims. Plaintiffs ask the Court to stay its hand until the Eighth Circuit Court of Appeals has issued a ruling on a similar motion in another case arising from this incident. Plaintiffs’ motion is denied; defendants’ motion…
2Cases cited14 opinions
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Norfolk Southern Railway Co. v. ShanklinSupreme Court of the United States · 2000
- CSX Trans, Inc. v. Williams, Anthony A.Court of Appeals for the D.C. Circuit · 2005
- Norfolk & Western Railway Company v. The Public Utilities Commission of OhioCourt of Appeals for the Sixth Circuit · 1991
- Fifth Third Bank Ex Rel. Trust Officer v. CSX Corp. Ex Rel. Board of CommissionersCourt of Appeals for the Seventh Circuit · 2005
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Henning v. Union Pacific RailroadCourt of Appeals for the Tenth Circuit · 2008
- Gauthier v. Union Pacific RailroadDistrict Court, E.D. Texas · 2009
- MD Mall Associates, LLC v. CSX Transportation, Inc.Court of Appeals for the Third Circuit · 2013
- Smith v. Burlington Northern & Santa Fe Railway Co.Montana Supreme Court · 2008
- Robert Zimmerman v. Norfolk Southern CorporationCourt of Appeals for the Third Circuit · 2013
12 more not listed; retrieve them via the Exa API.