MILESCO v. Norfolk Southern Corp.

MEMORANDUM & ORDER

JOHN E. JONES III, District Judge.

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

Pending before the Court is Defendant/Third-Party Plaintiff ACF Industries, LLC’s Motion to Dismiss Plaintiffs Claims for Lack Subject Matter Jurisdiction (Federal Preemption). (Doc. 127). For the following reasons, we shall deny the pending motion.

I. PROCEDURAL HISTORY and FACTUAL BACKGROUND

On June 5, 2009, Plaintiff filed suit against ACF Industries, LLC, (“ACF”), Norfolk Southern Corporation, and Nor folk Southern Railway Company (collectively the “Norfolk Defendants”) for negligence and products…