'Absurd' Results If Amtrak Easement Suit Tossed, Judge Says

Law360 (July 12, 2019, 3:25 PM EDT) -- A D.C. federal judge on Thursday denied the Southeastern Pennsylvania Transportation Authority's motion to toss allegations that it wrongly claimed an easement to some Amtrak tracks and station facilities, ruling the court has jurisdiction to hear the suit and that to find otherwise could lead to "absurd" or "bizarre" results.

In denying SEPTA's motion to dismiss, U.S. District Judge Trevor N. McFadden rejected arguments that Amtrak's complaints are not subject to judicial review under the Regional Rail Reorganization Act of 1973 and the Northeast Rail Service Act.

Regarding the argument that NERSA would prohibit judicial review of the easement disagreement, Judge...

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February 28, 2019

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