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Lundeen et al. v. Canadian Pacific Railway et al.

Close Date:	01/22/2007
Topic(s):	Access to the Courts Federal Jurisdiction and Appellate Jurisdiction Preemption of Consumer Remedies
Status:	closed
Date Of Involvement:	10/18/2006
Docket:	06-528

Related Documents:
Cert. Reply (12/29/2006) Cert. Petition (10/16/2006)
Description:
Can a federal statute that creates no cause of action for the injured party provide a basis for federal jurisdiction and removal of a state tort claim filed in state court under the doctrine of complete preemption? Does the Federal Railroad Safety Act (FRSA) authorize complete preemption of state-law tort claims over railroad accidents, thereby conferring jurisdiction on federal courts, where the FRSA contains no private right of action for persons injured by a railroad's acts or omissions? The petition for a writ of certiorari was denied.

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