Holem v. Eagle

ORDER DENYING MOTION TO REMAND

WOLLE, District Judge.

This case concerns federal court removal jurisdiction arising from a crossing collision between a pickup truck and a train. On an issue not free of doubt, I conclude the federal law governing railroad safety completely preempts state law; the motion to remand is denied.

On January 3, 2007, defendant Iowa, Chicago & Eastern Railroad Corporation (the Railroad) removed to this court a personal injury lawsuit filed by plaintiff Donald J. Holem (Holem) in the Iowa District Court for Muscatine County against the Railroad and defendant Thomas Eagle…