No. 18-847

BNSF Railway Company v. Juanita Nye, as Personal Representative of the Estate of Jeffrey Nye

Lower Court: Oklahoma
Docketed: 2019-01-04
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2)
Tags: federal-funding federal-rail-safety-act grade-crossing preemption state-tort-claim tort-claim warning-devices
Key Terms:
Arbitration JusticiabilityDoctri
Latest Conference: 2019-04-18 (distributed 2 times)
Question Presented (AI Summary)

When the project documents and authenticating testimony demonstrate that federal funds participated in a state-wide project to install warning devices at grade crossings and that the project included the crossing at issue, is the state tort claim for inadequate signalization preempted as a matter of law?

Question Presented (OCR Extract)

QUESTION PRESENTED In Norfolk Southern Railway Company v. Shanklin, 529 U.S. 344, 359 (2000), this Court held that the Federal Rail Safety Act preempts a negligence claim against a railroad for inadequate warning signs at a rail—highway crossing when federal funds participate in the installation of warning devices at the crossing. The question presented is: When the project documents and authenticating testimony demonstrate that federal funds participated in a state-wide project to install warning devices at grade crossings and that the project included the crossing at issue, is the state tort claim for inadequate signalization preempted as a matter of law?

Docket Entries

2019-04-22
Petition DENIED.
2019-04-10
Letter of April 10, 2019 from counsel for petitioner received. (Distributed)
2019-04-08
Letter of April 4, 2019 from counsel for respondent received. (Distributed)
2019-04-02
DISTRIBUTED for Conference of 4/18/2019.
2019-04-02
Reply of petitioner BNSF Railway Company filed. (Distributed)
2019-03-19
Brief of respondent Juanita Nye in opposition filed.
2019-02-25
Brief amicus curiae of Association of American Railroads filed. (2/27,2019)
2019-02-05
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
2019-02-01
Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
2019-01-24
Response Requested. (Due February 25, 2019)
2019-01-16
DISTRIBUTED for Conference of 2/15/2019.
2019-01-08
Waiver of right of respondent Juanita Nye to respond filed.
2018-12-24
Petition for a writ of certiorari filed. (Response due February 4, 2019)

Attorneys

Association of American Railroads
Daniel SaphireAssociation of Amer. Railroads, Amicus
Daniel SaphireAssociation of Amer. Railroads, Amicus
BNSF Railway Company
Charles Glaston ColeSteptoe & Johnson, Chartered, Petitioner
Charles Glaston ColeSteptoe & Johnson, Chartered, Petitioner
Juanita Nye
Robert S. PeckCenter for Constitutional Litigation, P.C., Respondent
Robert S. PeckCenter for Constitutional Litigation, P.C., Respondent