Michael v. Norfolk 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 these two types of claims are not preempted by the Federal Railroad Safety Act
• “holding that although violations of the railroad’s own speed regulations may be evidence of negligence in state court, such regulations are preempted by federal law”
• finding “[a]ny state law claim based on the train’s excessive speed is preempted by federal law, specifically the train speed regulations set out in 49 C.F.F. § 213.9.”
• a claim for defective design is preempted, but claims for negligent construction, negligent maintenance and negligent failure to warn are not
• “Any state law claim based on the train’s alleged excessive speed is preempted by federal law, specifically the train speed regulations set out in 49 C.F.R. § 213.9.”
• “pure” excessive speed claims are preempted, but related claims may not be

Source: CourtListener parenthetical corpus (CC0).