Union Pacific Derailment Spat Not A Tort Case: 10th Circ.

Law360, New York (January 6, 2010, 5:49 PM EST) -- A federal appeals court has ruled that Union Pacific Railroad Co.'s case against the federal government over a train derailment in which metal culverts beneath the tracks collapsed should be classified as a contract claim rather than a tort claim, overriding a lower court's $4.5 million damages award.

In a ruling Tuesday, the U.S. Court of Appeals for the Tenth Circuit held that permitting Union Pacific to pursue its negligent breach of contract tort claim under the Federal Tort Claims Act, which waives the government’s immunity...
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