Elam v. Kansas City Southern Railway Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that federal-question jurisdiction is established when a federal question appears on the face of the complaint
• concluding that the ICCTA preempted a state-law negligence-per se personal injury claim based upon violation of Mississippi's antiblocking law but not a failure to warn claim
• concluding that the ICCTA preempted a state- law negligence-per se personal injury claim based upon violation of Mississippi’s antiblocking law but not a failure to warn claim
• holding that the ICCTA “completely preempts state laws (and remedies based on such laws) that directly attempt to manage or govern a railroad’s decision in the economic realm.”
• holding that the plaintiff's simple negligence claim arising from a railway crossing accident were not preempted but finding that the ICCTA did preempt the negligence per se claim based on a state antiblocking statute
• holding that the plaintiff’s simple negligence claim arising from a railway crossing accident were not preempted but finding that the ICCTA did preempt the negligence per se claim based on a state antiblocking statute

Source: CourtListener parenthetical corpus (CC0).