Peter J. Rogers and Karen Rogers v. Consolidated Rail Corporation

McLAUGHLIN, Circuit Judge:

Consolidated Rail Corp. (“Conrail”) appeals from an order of the United States District Court for the Northern District of New York, Cholakis, Judge, denying its motion for summary judgment dismissing plaintiffs’ claims under New York’s Workers’ Compensation Law (“WCL”). The district court adhered to its prior ruling, which had denied Conrad’s motion under Fed. R.Civ.P. 12(b)(1) and (6) to dismiss the same claims. 1 Conrail contends that state-law damage claims for injuries sustained extra-territorially are preempted by the Federal Employers’ Liability Act (“FELA”),…