Our recent preemption matters include representing:
- Union Pacific in successfully obtaining an injunction from the U.S. District Court for the Northern District of California enjoining California state regulations that required railroads to collect a railcar fee from hazardous material shippers and remit it to the state, and in securing a decision from the Ninth Circuit affirming the injunction. BNSF Ry. Co. & Union Pacific R.R. Co. v. California Dep’t of Tax and Fee Admin., 904 F.3d 755 (9th Cir. 2018).
- Norfolk Southern in successfully obtaining a decision from the Supreme Court of Indiana holding that an Indiana blocked-crossing statute was preempted by the ICCTA. State v. Norfolk So. Ry. Co., 107 N.E.3d 468 (Ind. 2018).
- The Association of American Railroads in a federal lawsuit in Kentucky challenging anti-blocking statutes as preempted.
- Railroads in multiple state tort actions involving flooding and other claims that railroads assert are preempted by federal law.
- Railroads in declaratory actions before the STB involving the scope of ICCTA preemption.
- Norfolk Southern before the Georgia Supreme Court, seeking a finding that compliance with federal standards of care preclude a FELA negligence claim, notwithstanding the Supreme Court’s decision in POM Wonderful.
- CSXT before the U.S. Supreme Court in multiple cases involving challenges to state taxes as being discriminatory under the Railroad Revitalization and Reform Act. Alabama Dept. of Rev. v. CSX Transp., 135 S.Ct. 1136 (2015).