FRSA Only Preempts State Law In Explicit Situations: 3rd Circ.

Law360, New York (May 1, 2013, 8:04 PM EDT) -- The Third Circuit on Tuesday said a lower court wrongly held that the Federal Railroad Safety Act blocked a Pennsylvania mall's claims that runoff from a CSX Transportation Inc. train track illegally flooded the mall's property, because storm discharge flooding isn't explicitly covered under the law.

The FRSA bars state law railroad safety suits if those claims are ultimately addressed by the federal law. CSX argued that an FRSA regulation which addresses railroad drainage facilities barred MD Mall Associates LLC from suing the company for the...
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