· 3/12/2004
Maynard v. CSX Transportation, Inc.
Citations
- 360 F. Supp. 2d 836
- 2004 U.S. Dist. LEXIS 27373
- 2004 WL 3237564
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding drainage-related negligence and nuisance claims were preempted where drainage problem was alleged to have been caused by the construction and/or maintenance of the railroad tracks and crossings themselves
- stating that \section 10501(b) of the ICCTA expressly preempts Plaintiff's [common-law tort] claims\
- stating that “section 10501(b) of the ICCTA expressly preempts Plaintiff’s [common-law tort] claims”
- “[S]everal federal circuit and district courts . . . have consistently held that the ICCTA preempts state common law claims with respect to railroad operations.”
- \[S]everal federal circuit and district courts ... have consistently held that the ICCTA preempts state common law claims with respect to railroad operations.\
- “[T]he ICCTA is a separate and distinct statute from the FRSA.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bunning
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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