Phillips v. CSX Transportation, Inc.

How courts have described this case

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

• observing that purpose of in-use limitation is to give railcar operators opportunity to inspect for and correct defects before being exposed to strict liability for such defects
• stating that conclusory or speculative allegations do not suffice to defeat summary judgment, nor does a “mere scintilla of evidence.”
• “Although the 1994 Federal Railroad Safety Authorization Act recodified the FSAA, the Railroad Safety Authorization Act's legislative history clearly demonstrates that the substantive provisions of the FSAA remain unchanged.”
• “A mere ‘scintilla of evidence’ is not sufficient to withstand a motion for summary judgment. Rather, the evidence must be such that the jury reasonably could find for the nonmoving party.”

Source: CourtListener parenthetical corpus (CC0).