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  Public Citizen | Litigation Cases ***Search other cases***

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

Topic(s): Federal Jurisdiction and Appellate Jurisdiction
Preemption of Consumer Remedies
Docket: 06-528

Documents:

Description:

  1. 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?
  2. 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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