Legal Opinion
Friberg v. Kansas City Southern Railway Co.
Court of Appeals for the Fifth Circuit
Decided October 5, 2001No. 00-40270PublishedCited by 106 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
The Kansas City Southern Railway Company appeals an adverse jury verdict finding it negligent and negligent per se for repeatedly blocking the primary road leading to the Fribergs’ business, allegedly resulting in the failure of that business. Concluding that the causes of action asserted are preempted by the Interstate Commerce Commission Termination Act of 1995, we must reverse.
BACKGROUND
In 1964 the Fribergs purchased a home and acreage near Leesburg, Texas, and began operating a landscape nursery there. The property was located along County Road 3540 just south of…
2Cases cited11 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Havens Realty Corp. v. ColemanSupreme Court of the United States · 1982
- English v. General Electric Co.Supreme Court of the United States · 1990
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- United States v. GonzalesSupreme Court of the United States · 1997
6 more not listed; retrieve them via the Exa API.
3Cited by106 opinions
- New Orleans & Gulf Coast Railway Co. v. BarroisCourt of Appeals for the Fifth Circuit · 2008
- Elam v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2011
- Port City Properties v. Union Pacific RailroadCourt of Appeals for the Tenth Circuit · 2008
- Emerson v. Kansas City Southern Railway Co.Court of Appeals for the Tenth Circuit · 2007
- Franks Investment Co. LLC v. Union Pacific RailroadCourt of Appeals for the Fifth Circuit · 2010
101 more not listed; retrieve them via the Exa API.