Justices Nix Rail Co. CSX's Appeal In Flood Preemption Case

Law360, Philadelphia (January 13, 2014, 6:26 PM EST) -- The U.S. Supreme Court on Monday shot down an appeal by CSX Transportation Inc. challenging a ruling by the Third Circuit which revived tort claims brought by a Pennsylvania shopping mall in a suit alleging it was damaged by runoff from a rail bed owned by the freight hauler.

The justices rejected a petition for writ of certiorari filed by CSX challenging the Third Circuit’s ruling on grounds that the decision, which revived claims alleging that floodwaters from a CSX railbed damaged a suburban Philadelphia shopping...
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