United States Eighth Circuit

In an action raising personal injury claims against defendant-railroad, an order remanding the case to state court is affirmed as modified where: 1) an argument that personal injury claims were completely preempted by the Federal Railroad Safety Act was foreclosed by recent amendments to the Act and a recent circuit court decision; 2) absent diversity, a state court is the proper forum for litigating defendant's preemption defense; and 3) the district court did not err in finding that plaintiff's claims were not completely preempted under the Locomotive Inspection Act (LIA).

Appellate Information

• Decided 12/01/2008
• Published 12/01/2008

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BEAM, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Christopher R. Pieper, argued, Paul M. Brown, Bruce D. Ryder, James Cox, on the brief, St. Louis, MO, for appellant.


• For Appellees:
  
• Brian J. Madden, argued, Thomas P. Cartmell, Diane K. Watkins, on the brief, Kansas City, MO, for appellee.