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Allen v. Massachusetts Bay Transportation Authority et al

Opposition re MOTION for Summary Judgment

20 Cited authorities

  1. CSX Transportation, Inc. v. Easterwood

    507 U.S. 658 (1993)   Cited 1,044 times   4 Legal Analyses
    Holding state-law excessive speed claims are preempted by 49 C.F.R. § 213.9

  2. United Transp. Union v. Foster

    205 F.3d 851 (5th Cir. 2000)   Cited 176 times
    Holding that a declaratory judgment action is premature where a controversy is "abstract or hypothetical"

  3. Castro v. Chi. Hous. Auth.

    360 F.3d 721 (7th Cir. 2004)   Cited 73 times
    Holding that the WARN Act's good-faith defense must be construed narrowly

  4. Wolf v. Reliance Standard Life Ins. Co.

    71 F.3d 444 (1st Cir. 1995)   Cited 84 times
    Holding that ERISA preemption is not jurisdictional but a waivable affirmative defense

  5. Brannan v. United Student Aid Funds, Inc.

    94 F.3d 1260 (9th Cir. 1996)   Cited 79 times
    Holding that the HEA preempts all state law that regulates pre-litigation collection activities

  6. Sweeney v. Westvaco Co.

    926 F.2d 29 (1st Cir. 1991)   Cited 73 times
    Holding that a preemption defense under ERISA, despite sounding in subject matter jurisdiction, could be waived

  7. Shanklin v. Norfolk Southern Ry. Co.

    369 F.3d 978 (6th Cir. 2004)   Cited 31 times
    Holding that 23 C.F.R. § 646.214(b) does not preempt state common law claims respecting vegetation or sight distance requirements at grade crossings

  8. Strozyk v. Norfolk Southern Corp.

    358 F.3d 268 (3d Cir. 2004)   Cited 27 times
    Holding that while the FRSA "restrict tort plaintiffs from interposing state law obligations concerning appropriate warning devices, the regulations do not eclipse those duties ensuring safe grade crossings that are unrelated to warning devices, such as the duty to keep visibility at grade crossings free from obstructions."

  9. Gollihue v. Consol. Rail Corp.

    120 Ohio App. 3d 378 (Ohio Ct. App. 1997)   Cited 32 times
    Holding that a punitive damages award calculated at three times the compensatory damages award was not inappropriate

  10. Johnson v. Armored Transport of California

    813 F.2d 1041 (9th Cir. 1987)   Cited 38 times
    Holding that preemption questions concerning choice of forum are jurisdictional but preemption questions concerning only choice of law are waived if not timely raised

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,144 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 20106 - Preemption

    49 U.S.C. § 20106   Cited 472 times   2 Legal Analyses
    Finding that "the amendment explicitly preserves the right to seek damages for violating state law, as long as the law is compatible with subsection" citing to 49 U.S.C. § 20106

  13. Section 239.101 - Emergency preparedness plan

    49 C.F.R. § 239.101   Cited 3 times

    (a) Each railroad to which this part applies shall adopt and comply with a written emergency preparedness plan approved by FRA under the procedures of § 239.201 . The plan shall include the following elements and procedures for implementing each plan element. (1)Communication - (i)Initial and on-board notification. An on-board crewmember shall quickly and accurately assess the passenger train emergency situation and then notify the control center as soon as practicable by the quickest available means

  14. Section 239.201 - Emergency preparedness plan; filing and approval

    49 C.F.R. § 239.201

    (a)Filing of plan and amendments - (1)Filing of plan. Each passenger railroad to which this part applies and all railroads hosting its passenger train service (if applicable) shall jointly adopt a single emergency preparedness plan for that service, and the passenger railroad shall file one copy of that plan with the Associate Administrator for Railroad Safety and Chief Safety Officer, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590, not less than 60

  15. Section 239.1 - Purpose and scope

    49 C.F.R. § 239.1

    (a) The purpose of this part is to reduce the magnitude and severity of casualties in railroad operations by ensuring that railroads involved in passenger train operations can effectively and efficiently manage passenger train emergencies. (b) This part prescribes minimum Federal safety standards for the preparation, adoption, and implementation of emergency preparedness plans by railroads connected with the operation of passenger trains, and requires each affected railroad to instruct its employees

  16. Section 239.5 - Reserved

    49 C.F.R. § 239.5

    49 C.F.R. §239.5