Peters v. Union Pacific Railroad

ORDER

LAUGHREY, District Judge.

This wrongful death case was originally filed by Plaintiffs Kenneth Eugene Peters, Elaine Peters, Brennan Peters and Jessie M. Perkins in the Circuit Court of Jackson County, Missouri. On June 22, 2006, Defendants Union Pacific Railroad Company and Edward T. Krawczyk, III, removed the case to federal court. Defendants argue that the Court has original jurisdiction over Plaintiffs’ claims because the Plaintiffs’ claims are completely preempted by the Federal Railroad Safety Act (“FRSA”) and the Locomotive Inspection Act (“LIA”). In the alternative, Defendants…