Legal Opinion
Lundeen v. Canadian Pacific Railway Co.
Court of Appeals for the Eighth Circuit
Decided July 2, 2008No. Nos. 07-1656, 07-1670, 07-1672, 07-1676, 07-1679, 07-1680, 07-1684, 07-1693, 07-1694, 07-1698, 07-1699, 07-1707PublishedCited by 19 opinions
1Opinion of the Court
BYE, Circuit Judge.
In Lundeen v. Canadian Pacific Railway Co., 447 F.3d 606, 615 (8th Cir.2006) (Lundeen I), we determined the above-captioned lawsuits, initially filed in state court, were preempted by 49 U.S.C. § 20106 of the Federal Railroad Safety Act (FRSA). On remand, the district court dismissed the lawsuits. The Lun-deens and other appellants (hereinafter the Lundeens) thereafter filed the instant appeals. While these appeals were pending, Congress amended § 20106. The amendment directly addresses the preemptive effect of § 20106, and if applicable here, would allow these cases to…
2Cases cited21 opinions
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
- Calder v. BullSupreme Court of the United States · 1798
- Nixon v. Administrator of General ServicesSupreme Court of the United States · 1977
- Smith v. DoeSupreme Court of the United States · 2003
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wisconsin Central, Ltd. v. ShannonCourt of Appeals for the Seventh Circuit · 2008
- Gauthier v. Union Pacific RailroadDistrict Court, E.D. Texas · 2009
- In Re Medtronic, Inc. Sprint Fidelis Leads Products Liability LitigationDistrict Court, D. Minnesota · 2009
- Rebecca Hampton v. R.J. Corman Railroad SwitchingCourt of Appeals for the Sixth Circuit · 2012
- Grade v. BNSF Railway Co.Court of Appeals for the Eighth Circuit · 2012
14 more not listed; retrieve them via the Exa API.