Legal Opinion

Norfolk Southern Railway Co. v. Solis

Court of Appeals for the D.C. Circuit

Decided January 3, 2013No. Civil Action No. 12-0306 (BJR)PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION

BARBARA J. ROTHSTEIN, District Judge.

This matter is before the Court on a motion to dismiss (Dkt. # 7) filed- by Defendant Hilda L. Solis, Secretary of the United States Department of Labor (“Sec*35retary”). The Secretary moves to dismiss the claim under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), arguing that this Court lacks subject-matter jurisdiction or, in the alternative, Plaintiff Norfolk Southern Railway Company (“NSR”) has failed to state a claim. NSR seeks review of a nonfinal agency action by the Secretary, acting through an Administrative Review Board…

2Cases cited17 opinions

  1. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  2. Leedom v. KyneSupreme Court of the United States · 1958
  3. Grand Lodge of the Fraternal Order of Police v. AshcroftDistrict Court, District of Columbia · 2001
  4. Atchison, Topeka & Santa Fe Railway v. BuellSupreme Court of the United States · 1987
  5. Andrews v. Louisville & Nashville RailroadSupreme Court of the United States · 1972

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3Cited by15 opinions

  1. Araujo v. New Jersey Transit Rail Operations, Inc.Court of Appeals for the Third Circuit · 2013
  2. Norfolk Southern Railway Co. v. Thomas PerezCourt of Appeals for the Sixth Circuit · 2015
  3. Pearl River Union Free School District v. DuncanDistrict Court, S.D. New York · 2015
  4. Justin Reed v. Norfolk Southern Railway CompaCourt of Appeals for the Seventh Circuit · 2014
  5. Hernandez v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 2015

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