Legal Opinion
Scott Partenfelder v. Steve Rohde
Wisconsin Supreme Court
Decided July 22, 2014No. 2012AP000597PublishedCited by 9 opinions
1Opinion of the CourtDavid T. Prosser, J.
¶ 1. This is a review of a published decision of the court of appeals1 relating to the applicability of federal preemption under the Federal Railroad Safety Act (FRSA).
¶ 2. The FRSA and its accompanying federal regulations normally preempt state law claims relating to train speed. 49 U.S.C. § 20106 (2006). However, there are exceptions. One exception provides that regardless of the speed set by the federal regulations, federal preemption does not foreclose a lawsuit against a railroad for breaching the duty to slow or stop when confronted with a "specific, individual hazard." See CSX Transp.,…
2Cases cited15 opinions
- English v. General Electric Co.Supreme Court of the United States · 1990
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Bashir v. AmtrakCourt of Appeals for the Eleventh Circuit · 1997
- Myers v. Missouri Pacific RailroadSupreme Court of Oklahoma · 2002
- Yahnke v. CarsonWisconsin Supreme Court · 2000
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City of Weyauwega v. Wis. Cent. Ltd.Court of Appeals of Wisconsin · 2018
- Town Of Delafield v. Central Transport KriewaldtWisconsin Supreme Court · 2020
- Richard Teigen v. Wisconsin Elections CommissionWisconsin Supreme Court · 2022
- Richard Teigen v. Wisconsin Elections CommissionWisconsin Supreme Court · 2022
- Stouffer v. Union Pacific Railroad Co.Court of Appeals of Texas · 2017
4 more not listed; retrieve them via the Exa API.