Norfolk employees who run trains include train service workers and engine service workers. Engineers are engine service workers who operate locomotives. Train service workers perform switching and groundwork; they include conductors and trainmen. BLET is the authorized representative under the Railway Labor Act for Norfolk’s locomotive engineers, while UTU represents conductors and trainmen. Despite this division, an employee may pay dues to UTU or BLET and have either union handle grievances, 45 U.S.C. 152. Train service employees advance to engine service positions through Norfolk’s Engineer Training program. UTU’s CBA governs the employee’s work until he completes the program. After that, the employee is covered by BLET’s CBA. UTU filed a grievance on behalf of members in Norfolk’s Virginia Division. The men challenged the engineer seniority roster, arguing they should be ranked in the order they became trainmen, not in the order they became engineers. The national agreement between BLET and Norfolk, the national agreements between UTU and Norfolk, and regional arrangements among BLET, UTU, and Norfolk were presented to the Public Law Board arbitration panel, which decided in the employees’ favor. BLET sought to vacate; the district court granted summary judgment to UTU and Norfolk. The Sixth Circuit affirmed.View "Bhd of Locomotive Eng'rs v. United Transp. Union" on Justia Law

ATO challenged the City's enactment of an ordinance offering taxicabs certified to run on compressed natural gas (CNG) a "head-of-the-line" privilege at a municipally-owned airport. At issue was whether the ordinance was preempted by the Clean Air Act, 42 U.S.C. 7543(a). The court concluded that the ordinance, enacted using traditional police powers, was not superseded by any clear and manifest purpose of Congress, above all where Congress's term "standard" had been identified as one "susceptible" to a mandate/incentive distinction. The court also concluded that the ordinance could have its intended effect and substitute CNG cabs for traditional cabs at the airport but it did not show that the City's cab drivers faced such acute, albeit indirect, economic effects as to force them to switch vehicles. Accordingly, the ordinance was not preempted by section 209(a) of the Act and the court affirmed summary judgment in favor of the City. View "Ass'n of Taxicab Operators USA v. City of Dallas" on Justia Law

The Institute challenged the final rule promulgated by the FRA to implement section 104 of the Rail Safety Improvement Act of 2008, Pub. L. No. 110-432 section 104(a)(1), 122 Stat. 4848, 4857. Section 104 required a qualifying rail carrier to submit an implementation plan to install a "positive train control" (PTC) system no later than December 31, 2015 on certain tracks used for passenger service or for transporting "poison- or toxic- by-inhalation" hazardous material (PIH or TIH). The court concluded that the Institute's challenge was not ripe because it had not established that its members now faced a present or imminent injury from the 2012 Final Rule's omission of a two-part risk assessment test. Accordingly, the court dismissed the Institute's petition for lack of jurisdiction. View "Chlorine Institute, Inc. v. FRA, et al." on Justia Law

ABB filed a complaint against CSX alleging that the electrical transformer that CSX transported was damaged in transit and that CSX was liable for the full amount of the damage. CSX denied full liability, alternatively contending that the parties had agreed in the bill of lading to limit CSX's liability. The court vacated the portion of the district court's judgment limiting any liability on the part of CSX because it concluded that the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. 11706, subjected CSX to full liability for the shipment and that the parties did not modify CSX's level of liability by written agreement as permitted in that statute. View "ABB, Inc. v. CSX Transportation, Inc." on Justia Law

Youngstown Belt Railway Company entered into a purchase agreement with Total Waste Logistics of Girard for the purchase of Mosier Yard, which the railway owned. The sale was never consummated, and later the city of Girard commenced an appropriation action to appropriate a portion of Mosier Yard. The trial court held that the city's appropriation proceedings were preempted by the Interstate Commerce Commission Termination Act (ICCTA). On remand, the trial court held that it would be inappropriate to consider the railway's potential sale to Total Waste in the preemption analysis but determined that the railway's use of a portion of the appropriated land for storage caused the city's action to be preempted by the ICCTA. The appellate court affirmed, although on different grounds. The Supreme Court reversed, holding that the city's proposed eminent-domain action against the undeveloped portion of the railway's property, which did not contain any tracks or rights-of-way and did not have any concrete projected use that would constitute rail transportation by a rail carrier, was not preempted under the ICCTA.View "Girard v. Youngstown Belt Ry. Co." on Justia Law

In the early morning hours of April 11, 2008, Jeremy Rustad and Heidi Hanna were killed in a plane crash in McLean County. Rustad was piloting his Cessna aircraft and Hanna was a passenger when the plane crashed. The National Transportation Safety Board determined the probable causes of the accident were due to pilot error and pilot impairment due to alcohol. The estate published a notice to creditors of Rustad for three successive weeks beginning May 22, 2008, informing them they had three months to file claims. On September 24, 2008, Olson, as "co-personal representative of the estate of Heidi Hanna, deceased, caretaker of [B.H.], a minor, and temporary guardian of [B.H.], a minor," filed a claim against the estate asserting the estate was indebted to Hanna's estate and to Hanna's children. The estate "disallowed" Olson's claim. In early 2009, Olson filed this wrongful death and survival action against the estate. The estate moved for summary judgment dismissing the action. The estate argued Olson's claims were barred because she did not serve the personal representative in that capacity and the failure to present her claims in the probate action made them res judicata. The estate also argued Olson could not show Hanna was injured before Rustad died, and therefore, both the wrongful death and survivor claims were barred under the nonclaim provisions of the Probate Code. The district court rejected the estate's arguments that service of process was insufficient and that the action was barred by res judicata. The court concluded Olson presented no evidence to show Hanna died before Rustad, and dismissed the wrongful death and survival actions because they were barred by the nonclaim provisions of the Probate Code. The district court further noted Rustad had an aircraft insurance policy and the nonclaim provisions did not prevent Olson from recovering to the extent of insurance coverage available for the accident. The court ruled the language in the insurance policy unambiguously limited coverage under the circumstances to $103,000, and a judgment was entered in favor of Olson for $103,000. The Estate appealed; the Supreme Court, after review of the trial court record, affirmed. View "Olson v. Estate of Rustad" on Justia Law

Lynch was injured while working at a jobsite as a mechanic for Metropolitan Rail (Metra), when the top rail of a chain-link fence he was installing fell and struck him on the back of his neck and shoulders. In his suit under the Federal Employers’ Liability Act, 45 U.S.C. 51, the district court granted summary judgment in favor of Metra. The Seventh Circuit vacated and remanded, finding that Lynch adequately raised material issues of fact concerning whether Metra was negligent.View "Lynch v. NE Reg'l Commuter R.R.Corp." on Justia Law

As the tanker Athos neared Paulsboro, New Jersey, an abandoned anchor in the Delaware River punctured its hull and caused 263,000 gallons of crude oil to spill. The owner of the tanker, Frescati, paid $180 million in cleanup costs and ship damages, but was reimbursed for nearly $88 million by the U.S. government under the Oil Pollution Act, 33 U.S.C. 2701. Frescati made claims against CARCO, which ordered the oil and owned the terminal where the Athos was to unload, claiming breach of the safe port/safe berth warranty made to an intermediary responsible for chartering the Athos and negligence and negligent misrepresentation. The government, as a statutory subrogee for the $88 million reimbursement reached a limited settlement agreement. The district court held that CARCO was not liable for the accident, but made no findings of fact and conclusions of law, required by FRCP 52(a)(1). The Third Circuit remanded for findings, but stated that the Athos and Frescati were implied beneficiaries of CARCO‘s safe berth warranty; that the warranty is an express assurance of safety; and that the named port exception to that warranty does not apply to hazards that are unknown and not reasonably foreseeable. The court noted that it is not clear that the warranty was actually breached, absent findings as to the Athos‘s actual draft or the clearance provided. The court further stated that CARCO could be liable in negligence for hazards outside the approach to CARCO‘s terminal. View "United States v. Citgo Asphalt Ref. Co." on Justia Law

The mall is bounded by a railroad track and drainage ditches owned by CSX. Houses beyond the track are higher than the track, which is higher than the mall. CSX’s predecessor installed a berm, straddling the property line, to prevent storm water from flowing onto the mall property. In 2010 storm water breached the berm. Runoff and debris from CSX’s property flowed down the slope and overwhelmed a private storm water inlet in the mall parking lot. CSX assured mall representatives that it planned a ditch to resolve the problem, but, instead, began constructing a spillway on the mall side of the berm to direct storm water into the mall’s drainage inlet. The mall manager discovered and immediately halted the work. The mall claimed negligence and continuing trespass. During discovery, the mall learned that CSX had refurbished the relevant portion of the track and argued that the modifications led to the discharge onto its property and that the discharge was evidence that CSX had violated, 49 C.F.R. 213.33, enacted under the Federal Railroad Safety Act. The district court granted CSX summary judgment, holding that the claims were blocked by the FRSA preemption provision. The Third Circuit vacated, noting the “constrained scope” of FRSA preemption. View "MD Mall Assocs. v. CSX Transp., Inc" on Justia Law

This case stemmed from the Federal Motor Carrier Safety Administration's recent authorization of a pilot program that allowed Mexico-domiciled trucking companies to operate trucks throughout the United States, so long as the trucking companies complied with certain federal safety standards. Drivers Association and Teamsters contended that the pilot program was unlawful. As a preliminary matter, the court concluded that Drivers Association and Teamsters both have standing to challenge the pilot program. On the merits, the court concluded that all seven of Drivers Association's arguments and all six of Teamsters' arguments were unpersuasive. Accordingly, the court denied the petitions for review. View "International Brotherhood of Teamsters, et al. v. DOT, et al." on Justia Law