Skip to main content
· 8/21/1995

Hester v. CSX Transportation, Inc.

Citations

  • 61 F.3d 382
  • 1995 U.S. App. LEXIS 23381
  • 1995 WL 461593

How courts have described this case

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

  • holding that state law is preempted where federal funds merely participate, regardless of whether that participation is significant
  • holding that the plaintiffs state law claims were preempted under (b)(4) because federal funds had been previously approved and expended to install passive warning devices
  • “The fact that federal funds participated in the installation of the warning devices legally presupposes that the Secretary approved and authorized that expenditure, which in turn legally presupposes that the Secretary determined that the safety devices installed were adequate to their task.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Reavley, Garwood, Davis

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.