Union Pacific Says Court Can't Decide Fuel Co.'s Flood Claims

Law360 (January 26, 2021, 6:35 PM EST) -- Union Pacific Railroad Co. urged a Texas federal court to end a petroleum distributor's suit blaming structures used to protect rail lines for flooding at the company's nearby headquarters, arguing only federal railroad regulators have authority over issues rooted in rail line design.

Union Pacific asked the court to grant judgment on the pleadings in its favor Monday, arguing the court lacks jurisdiction over Tri-Con Inc. and its insurer's suit seeking more than $1 million and an order forcing the rail company to change culverts for its rail line to prevent future flooding. Only the federal Surface Transportation Board has the ability...

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