High Court Won't Hear Railway Act Challenge

Law360, New York (May 18, 2009, 12:00 AM EDT) -- The U.S. Supreme Court won't prevent residents of Minot, N.D., from suing Canadian Pacific Railway Co. over a 2002 derailment that spewed a toxic chemical cloud over the city.

The high court denied the railway’s petition Monday, refusing to intervene in a series of lawsuits that were revived in 2007 after Congress amended the Federal Railroad Safety Act to allow the Minot plaintiffs to pursue state law claims previously preempted by the act.

Canadian Pacific filed a petition for a writ of certiorari in January 2009...
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