CSX Appeals FRSA Flooding Preemption Case To High Court

Law360, Philadelphia (October 4, 2013, 5:17 PM EDT) -- CSX Transportation Inc. recently told the U.S. Supreme Court that a recent decision by the Third Circuit reviving a Pennsylvania’s shopping mall’s tort claim against the freight hauler flew in the face of legal precedent by allowing regulatory intent to be factored into preemption analysis.

The company said Sept. 27 petition that the Third Circuit erred when it ruled that Federal Railroad Safety Act regulations did not bar tort claims from MD Mall Associates LP — the owners of a Delaware County shopping mall who sued...
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