Legal Opinion
In re Miamisburg Train Derailment Litigation
Ohio Supreme Court
Decided February 9, 1994No. 92-1244PublishedCited by 39 opinions
1Per curiam
This case requires us to determine whether appellants’ common-law tort claims are preempted by federal law. For the reasons which follow, we answer this question in the negative.
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A
The United States Congress enacted the FRSA in 1970 “to promote safety in all areas of railroad operations and to reduce railroad-related accidents, and to reduce deaths and injuries to persons and to reduce damage to property caused by accidents involving any carrier of hazardous materials.” Section 421, Title 45, U.S. Code. The FRSA gives the United States Secretary of Transportation (“the Secretary”) powers to…
2Cases cited19 opinions
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
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3Cited by39 opinions
- Freeman v. Norfolk & Western Railway Co.Ohio Supreme Court · 1994
- Darby v. A-Best Products Co.Ohio Supreme Court · 2004
- City of Riverside v. StateOhio Court of Appeals · 2010
- Norfolk Southern Railway Co. v. BogleOhio Supreme Court · 2007
- Mehl v. Canadian Pacific Railway, Ltd.District Court, D. North Dakota · 2006
34 more not listed; retrieve them via the Exa API.