United States Third Circuit

In a dispute arising from an accident in which a passenger was struck by an Amtrak train which resulted in a settlement with the passenger, but leaving unresolved one party's cross-claim for contractual indemnity, summary judgment for Amtrak on its cross-claim against the Southeastern Pennsylvania Transportation Authority (SEPTA) is affirmed as, SEPTA's state-law sovereign immunity defense is preempted by Amtrak's federal enabling statute and therefore, the indemnity contract between SEPTA and Amtrak is enforceable.

Appellate Information

• Argued 11/02/2009
• Decided 12/22/2009
• Published 12/22/2009

Judges

• Before: SCIRICA, Chief Judge, JORDAN and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas S. Biemer, [Argued], Matthew A. Foley, Dilworth Paxson, Philadelphia, PA, for Appellant Southeastern Pennsylvania Transportation Authority (“SEPTA”).


• For Appellees:
  
• William G. Ballaine, [Argued], Landman, Corsi, Ballaine & Ford, New York, NY, Paul F.X. Gallagher, Gallagher & Rowan, Philadelphia, PA, for Appellee National Railroad Passenger Corporation.