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· 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

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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.