MD Mall Associates, LLC v. CSX Transportation, Inc. (Third Circuit)

The owner of a shopping mall located adjacent to a right of way owned by our client, CSX, sued for negligence and trespass, alleging that storm water flowing from the right of way flooded the plaintiff’s property. Among the issues on appeal was whether the Federal Railroad Safety Act or the Interstate Commerce Commission Termination Act preempted the plaintiff’s state-law claims.


Brief for Appellee