A divided panel of the U.S. Court of Appeals for the Third Circuit has ruled that the Federal Railroad Safety Act doesn’t pre-empt the common-law claims brought by a Delaware County mall against railroad giant CSX.
After the MacDade Mall was flooded by stormwater runoff from a nearby CSX track, the company that owns the mall filed several claims against CSX. The district court held that the claims were pre-empted by the FRSA, but, two out of the three judges on the appeals court panel disagreed and remanded the case for further proceeding in the Eastern District of Pennsylvania.
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