Justia Transportation Law Opinion SummariesArticles Posted in US Court of Appeals for the Fifth Circuit
Union Pac. RR v. City of Palestine
Union Pacific Railroad Company (“Union Pacific”) sought to end its operations in Palestine, Texas but has been unable to do so because of a 1954 Agreement between its predecessor and Defendants City of Palestine (“Palestine”) and Anderson County, Texas (“Anderson County”) has prevented it from leaving. Union Pacific filed a motion for summary judgment, which the district court granted, holding that the 1954 Agreement was expressly and impliedly preempted. After the district court entered judgment, Palestine and Anderson County filed suit in Texas state court seeking to enforce the 1955 Judgment which had approved the 1954 Agreement. Defendants appealed the district court’s grant of summary judgment for Union Pacific and the denials of their motion to dismiss for failure to join a necessary party, motion for judgment on the pleadings, and cross-motion for summary judgment. The Fifth Circuit affirmed the district court’s ruling granting summary judgment for Union Pacific after determining that federal law preempts the statutorily mandated contractual agreements between the parties, both expressly and as applied. The court explained that there is no requirement for contemporaneous movement of property related to the rails for the regulation to be preempted. If the facilities or services—in any non-incidental way—relate to the movement of property by rail, they are preempted by the ICCTA. Further, the court held that the district court properly determined that the Anti-Injunction Act does not bar Union Pacific from seeking declaratory relief. View "Union Pac. RR v. City of Palestine" on Justia Law
BLET v. Union Pacific Railroad
Defendant, Union Pacific, is a national rail carrier. Plaintiff, The Brotherhood of Locomotive Engineers and Trainmen ("BLET"), is a labor union representing Union Pacific engineers. Division 192 is the exclusive representative for Union Pacific employees around the area. An issue arose when an off-duty fistfight broke out during a union meeting between local division officers and an engineer. About two months after the fight, the engineer filed a complaint with Union Pacific, alleging that was threatened and assaulted by local division representatives in retaliation for taking extra shifts. The suspension of six union members effectively barred all of Division 192’s leadership from Union Pacific’s premises.BLET sued Union Pacific in federal court, alleging Union Pacific retaliated against the union for its shove policy. BLET argued the retaliation violated the section of the Railway Labor Act (“RLA”) prohibiting carrier interference with union activity.The court first found that federal courts have jurisdiction over post-certification disputes alleging that railroad conduct motivated by antiunion animus is interfering with the employees’ “choice of representatives.” Next, the court found that the facts support the determination that the union was likely to succeed in showing that the discipline was motivated by a desire to weaken the local division. Thus, the court found that the district court did not abuse its discretion in concluding that the union is likely to prevail in showing that Union Pacific’s suspension of effectively all the division’s elected representatives amounted to the prohibited interference under the RLA. View "BLET v. Union Pacific Railroad" on Justia Law
Allen v. Vertafore, Inc.
The Fifth Circuit affirmed the district court's grant of Vertafore's motion to dismiss in an action brought by plaintiffs, Texas driver's license holders, alleging claims under the Driver's Privacy Protection Act (DPPA) after Vertafore announced that unauthorized users had gained access to personal information protected by the statute that Vertafore had stored on unsecured external servers. Vertafore argued that plaintiffs failed to allege both that the company acted with an impermissible purpose and that the company made a knowing disclosure. The court concluded that plaintiffs have not alleged a disclosure within the meaning of the DPPA, and thus the court need not reach the issue of whether plaintiffs have sufficiently alleged that Vertafore acted knowingly and with an impermissible purpose. View "Allen v. Vertafore, Inc." on Justia Law
Wheeler v. Norfolk Southern Railway Co.
After plaintiff, who was employed by Hulcher Services, lost several fingers at work in an accident at the railyard, he filed suit against Norfolk, the railyard owner, under the Federal Employers' Liability Act (FELA).The Fifth Circuit affirmed the district court's grant of summary judgment in favor of Norfolk, concluding that plaintiff failed to show that he was an employee of Norfolk and thus he could not recover under FELA. The court explained that plaintiff failed to show that Norfolk controlled the performance of his work or retained the right to do so. View "Wheeler v. Norfolk Southern Railway Co." on Justia Law
Ryder v. Union Pacific Railroad Co.
The Fifth Circuit affirmed the district court's grant of summary judgment in favor of Union Pacific in an action alleging that the company negligently contributed to a fatal railroad collision. In this case, the trucks in front of a caravan had left insufficient room for the last truck to clear the Oil & Gas Crossing. The last truck stopped on the tracks where, seconds later, a Union Pacific train collided with it, killing all three individuals inside.The court found plaintiffs' claim that Union Pacific breached a duty to provide adequate visual warning devices at the Oil & Gas Crossing unpersuasive; the Crossing was not a "dangerous trap;" and, although a jury could reasonably conclude that Union Pacific had a duty to plaintiffs to protect against the unique hazard presented by the Crossing, plaintiffs have failed to show why the signs Union Pacific installed were insufficient to fulfill this duty. The court also held that plaintiffs' claims that Union Pacific was negligent in operating the locomotive horn was either preempted by federal law or otherwise unsupported by sufficient evidence to survive summary judgment. View "Ryder v. Union Pacific Railroad Co." on Justia Law
Stringer v. Whitley
Plaintiffs filed suit against the Texas Secretary of State and the Director of the Texas Department of Public Safety, alleging that the DPS System violates the Equal Protection Clause and the National Voter Registration Act of 1993 (NVRA).The Fifth Circuit reversed the district court's judgment declaring defendants in violation of the Equal Protection Clause and the NVRA, holding that plaintiffs lacked Article III standing to pursue their claims. The court held that plaintiffs have not established a substantial risk that they will attempt to update their voter registrations using the DPS System and be injured by their inability to do so. Therefore, plaintiffs have not established an injury in fact sufficient to confer standing to pursue declaratory and injunctive relief. Furthermore, the capable-of-repetition-yet-evading-review doctrine was not implicated by plaintiffs' claims. Accordingly, the court vacated the district court's injunction and remanded with instructions to dismiss the complaint. View "Stringer v. Whitley" on Justia Law
Harman v. Trinity Industries, Inc.
The Fifth Circuit reversed and rendered judgment as a matter of law for Trinity, the manufacturers of the ET-Plus guardrail system under an exclusive licensing agreement with Texas A&M University. Relator filed suit under the False Claims Act, alleging that Trinity failed to disclose fabrication changes to the ET-Plus beyond the change from five- to four-inch guide channel. The district court denied Trinity's motion for judgment as a matter of law and entered final judgment for relator and the United States. However, the court held that it need not consider the issue of post-judgment relief under Federal Rule of Civil Procedure 60(b) because Trinity was entitled to judgment as a matter of law on the issue of materiality. In this case, given FHWA's unwavering position that the ET-Plus was and remains eligible for federal reimbursement, Trinity's alleged misstatements were not material to its payment decisions. View "Harman v. Trinity Industries, Inc." on Justia Law
Ezell v. Kansas City Southern Railway Co.
After he drove his car into a stationary train that was blocking a traffic crossing, plaintiff filed suit against KCSR, alleging common law negligence claims based on his allegations that the train blocked the crossing for an impermissible amount of time and the train's crew failed to adequately warn approaching drivers of the obstructed crossing. The Fifth Circuit affirmed the district court's grant of summary judgment, holding that plaintiff's Federal Railroad Safety Act argument was unavailing, and that both blocking claims were preempted by the ICC Termination Act. Furthermore, plaintiff's claim that KCSR failed to adequately warn motorists of the obstructed crossing was barred by Mississippi’s Occupied Crossing Rule. View "Ezell v. Kansas City Southern Railway Co." on Justia Law
Reyes v. North Texas Tollway Authority
The $25 fee assessed by the Authority is rationally related to the government's interest in recovering costs spent to collect unpaid tolls. Plaintiffs, drivers who were assessed fees after they repeatedly refused to pay tolls, contend that the $25 administrative fee violates their right to substantive due process under the Fourteenth Amendment. The Fifth Circuit held that, in addition to recovering costs, the fee is a mechanism that strongly encourages drivers to get a TollTag. The court explained that the nature of the Authority's interest in incentivizing TollTag usage is to sustain the Authority's financial health. In this case, the Authority's experiment sought to decrease congestion and increase access to the roads, two interests that often compete but could both be furthered by removing toll booths. View "Reyes v. North Texas Tollway Authority" on Justia Law
Owner-Operator Independent Drivers Ass’n v. US DOT
The Fifth Circuit dismissed for lack of jurisdiction the Association's appeal of the FMCSA's grant of permanent operating authority to two Mexico-domiciled motor carriers. The court held that the Association failed to file a timely appeal as required by statute. In this case, the orders rejecting and dismissing the Association's protest were final orders of the FMCSA, a fact that was unaffected by the Association's motion for reconsideration. View "Owner-Operator Independent Drivers Ass'n v. US DOT" on Justia Law