United States Third Circuit

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MD Mall Associates v. CSX Transportation, Inc, 12-1934

Summary judgment for defendant on plaintiff's claims that defendant, a railroad, is liable for storm water flooding plaintiff's property is vacated and remanded, where: 1) the Federal Railroad Safety Act's (FRSA) express preemption provision does not apply to plaintiff's claims; and 2) the matter is remanded for the district court to conduct a factual inquiry regarding the issue of implied conflict preemption.

Appellate Information

  • Decided 04/30/2013
  • Published 04/30/2013

Judges

  • JORDAN

Court

  • United States Third Circuit

Counsel

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