| 25A162 |
Paul W. Parker, as Personal Representative of the Estate of Curtis John Rookaird v. BNSF Railway Company, a Delaware Corporation |
Ninth Circuit |
2025-08-06 |
Presumed Complete |
|
affirmative-defense burden-shifting clear-and-convincing-evidence de-novo-review federal-railroad-safety-act protected-activity |
Whether a district court's determination that an employer met its burden to prove, by "clear and convincing evidence," that it would have taken the sa… |
| 24-1150 |
Clyde O. Carter, Jr. v. Lori Chavez-DeRemer, Secretary of Labor, et al. |
Eighth Circuit |
2025-05-09 |
Denied |
Response Waived |
administrative-law burden-of-proof employment-retaliation federal-railroad-safety-act judicial-review whistleblower-protection |
In consideration of Loper Light Enterprises v. Raimondo, 603 U. S. (2024), in a whistleblower complaint is the burden of proof - in the protection pro… |
| 22-459 |
Ohio v. CSX Transportation, Inc. |
Ohio |
2022-11-15 |
Denied |
CVSGAmici (4)Relisted (2) |
federal-railroad-safety-act grade-crossing grade-crossing-statute interstate-commerce interstate-commerce-commission-termination-act preemption railroad-preemption railroad-safety state-regulation transportation transportation-law |
Ohio's "Blocked Crossing Statute," Ohio Rev. Code
§5589.21, prohibits stopped trains from blocking public roads for longer than five minutes, with cer… |
| 21-1296 |
City of Edmond, Oklahoma, et al. v. BNSF Railway Company |
Tenth Circuit |
2022-03-25 |
Denied |
|
federal-railroad-safety-act interstate-commerce interstate-commerce-commission-termination-act preemption public-safety rail-crossing-safety rail-safety railroad-preemption state-authority state-law statutory-interpretation |
When trains block traffic at road intersections, they impose numerous safety risks. Oklahoma enacted a statute prohibiting trains from stopping where … |
| 19-733 |
Metro-North Commuter Railroad Co. v. Jamey Murphy |
Connecticut |
2019-12-10 |
Denied |
Response Waived |
federal-railroad-safety-act passenger-platform preemption state-law-claim state-law-claims track-conditions track-safety train-speed transportation-regulation |
Does the Federal Railroad Safety Act preempt a state-law claim that a train may not travel on a track next to a passenger platform at the operating sp… |
| 18-499 |
Mark Griffioen, et al. v. Cedar Rapids and Iowa City Railways Company, et al. |
Iowa |
2018-10-18 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
alternative-remedy civil-procedure civil-rights due-process federal-preemption federal-railroad-safety-act federal-remedy interstate-commerce interstate-commerce-commission-termination-act preemption preemption-under-iccta public-safety rail-transportation savings-clause state-law state-law-claims takings |
Whether the Iowa Supreme Court erred in holding that state laws of general application addressing primarily public safety issues and with only an inci… |