Legal Opinion

Smith v. National Railroad Passenger Corp. ("Amtrak")

District Court, E.D. Pennsylvania

Decided November 4, 1998No. CIV. A. 98-2816PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

BARTLE, District Judge.

Plaintiff Susan Elaine Smith (“Smith”) has filed a complaint against the National Railroad Passenger Corporation (“Amtrak”) alleging breach of common law duty to warn and quid pro quo sexual harassment under the Fifth Amendment. At the heart of plaintiffs complaint is her allegation that Amtrak should have warned her about the perfidy of Fred Weiderhold (“Weiderhold”), a fellow Amtrak employee who reneged on his promise to marry her. 1 Amtrak has filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim…

2Cases cited11 opinions

  1. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  2. Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993
  3. Davis v. PassmanSupreme Court of the United States · 1979
  4. Lebron v. National Railroad Passenger CorporationSupreme Court of the United States · 1995
  5. 74 Fair empl.prac.cas. (Bna) 359, 71 Empl. Prac. Dec. P 44,983 Carmen L. Robinson Nathaniel Hawthorne, Jr., Wife and Husband v. City of Pittsburgh, Earl Buford, Craig B. Edwards James N. DickersonCourt of Appeals for the Third Circuit · 1997

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3Cited by2 opinions

  1. Carcillo v. National Hockey LeagueDistrict Court, N.D. Illinois · 2021
  2. Jane Doe v. Loyalsock Township School DistrictDistrict Court, M.D. Pennsylvania · 2022

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