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Supreme Court of the United States › Railways

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Allen Matkins

California Environmental Law & Policy Update 6.28.24

Allen Matkins on

The U.S. Supreme Court today upended a 40-year-old decision that made it easier for the federal government to regulate the environment, public health, workplace safety, and consumer protections, delivering a far-reaching and...more

Cozen O'Connor

Multistate AG Coalition Asks SCOTUS to Protect State Authority to Regulate Blocked Railroad Crossings

Cozen O'Connor on

A group of 19 AGs filed an amicus brief in support of Ohio’s petition for writ of certiorari in Ohio v. CSX Transportation, Inc. The case is before the U.S. Supreme Court on appeal from an Ohio Supreme Court decision holding...more

Morrison & Foerster LLP

Cost Of Doing Business? Supreme Court Scrutinizes Constitutionality Of Requiring Companies To Consent To General Personal...

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In an important case that could blow the doors open on personal jurisdiction so that corporations can be subject to suit anywhere they do business, the Supreme Court heard oral argument on Tuesday. In Mallory v. Norfolk...more

Burr & Forman

LeDure v. Union Pacific: Locomotive Inspection Act Case Law Stays Intact and “In Use” For Now

Burr & Forman on

Interpretation of the phrase “in use” as used in the Locomotive Inspection Act (LIA) continues to baffle courts across the country, including the Supreme Court of the United States. On April 28, 2022, the Supreme Court let...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: SCOTUS Further Clarifies Alien Tort Statute; Revisiting WOTUS

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What follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided. THE U.S. SUPREME COURT - Article II, Section 2 of the Constitution vests the President, with the advice...more

McCarter & English, LLP

“We meant what we said” – U.S. Supreme Court Continues To Rein In Personal Jurisdiction

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This past term, the U.S. Supreme Court decided two matters in which it unequivocally held that state courts’ ability to assert personal jurisdiction over out-of-state defendants is limited under both general and specific...more

Roetzel & Andress

Recent United States Supreme Court Decision Further Constricts Use Of General Personal Jurisdiction To "Forum Shop" Against...

Roetzel & Andress on

The Supreme Court’s recent decision in BNSF Ry. Co. v. Tyrrell (BNSF), No. 16-405, 2017 WL 2322834, (U.S. May 30, 2017) demonstrates why personal jurisdiction should be examined in response to every lawsuit filed against a...more

K&L Gates LLP

There’s No Place Like Home: The U.S. Supreme Court Emphasizes the Constitutional Limits on Personal Jurisdiction and Constrains...

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Almost any business whose products or services reach customers in multiple states knows that there are some jurisdictions thought to be friendlier to plaintiffs. Plaintiffs’ lawyers know about those jurisdictions too, and...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS Interprets Federal Employers’ Liability Act

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Fundamental fairness requires that before a company doing business in several states is sued in a particular state that it has substantial contacts with that state. Merely being present in that state will not satisfy the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides BNSF Railway Co. v. Tyrrell

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On May 30, 2017, the Supreme Court decided BNSF Railway Co. v. Tyrrell, No. 16-405, holding that § 56 of the Federal Employers’ Liability Act (FELA) does not address personal jurisdiction and thus limiting the fora in which a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

States May Not “Hale” an Out-of-State Railroad: No Personal Jurisdiction, Supreme Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On May 30, 2017, the Supreme Court of the United States held that section 56 of the Federal Employers’ Liability Act (FELA) does not address personal jurisdiction over railroads. The two underlying lawsuits were filed in...more

Locke Lord LLP

BNSF v. Tyrrell: Supreme Court Discourages Forum Shopping by Reaffirming Restrictive Daimler Test for General Jurisdiction

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The U.S. Supreme Court in BNSF Railway Co. v. Tyrrell, 2017 WL 2322834 (2017) made it harder for plaintiffs to sue in states where their alleged injury did not occur by reversing the Montana Supreme Court’s attempt to assert...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

Pillsbury Winthrop Shaw Pittman LLP on

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: New Decision of the US Supreme Court Limits Suits Against Non-US Governmental Entities

Orrick, Herrington & Sutcliffe LLP on

The US Foreign Sovereign Immunities Act (“FSIA”) codifies the doctrine of sovereign immunity and generally prohibits lawsuits in US courts against non-US sovereigns. But the FSIA has an exception where, among other things, a...more

Eversheds Sutherland (US) LLP

U.S. Supreme Court Sends 4-R Act Case Back to Lower Court for the Second Time

Eversheds Sutherland (US) LLP on

A day after issuing its decision in Direct Marketing Ass’n v. Brohl, the U.S. Supreme Court decided Alabama Department of Revenue v. CSX Transportation, Inc. The Court held that a rail carrier can show discrimination under...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Alabama Department of Revenue v. CSX Transportation, Inc.

Faegre Drinker Biddle & Reath LLP on

On March 4, 2015, the Supreme Court decided Alabama Department of Revenue v. CSX Transportation, Inc., No. 13-553, holding that a rail carrier can prove discrimination under the Railroad Revitalization and Regulation Reform...more

Holland & Knight LLP

Justices Probe Limits of Non-Delegation Doctrine and Express Due Process Concerns

Holland & Knight LLP on

Yesterday, the U.S. Supreme Court heard oral argument in Dep't of Transp. v. Ass'n of Am. Railroads. At issue is whether Congress may grant Amtrak, a private entity created by Congress, the power to co-author regulations...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Grants Certiorari To Two State Tax Cases

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On July 1, 2014, the Supreme Court granted certiorari to two state tax cases, just one day after denying certiorari in the Mississippi Equifax case. The two cases, which will be heard during the Court’s October 2014 term,...more

Brownstein Hyatt Farber Schreck

Supreme Court Ruling Represents Major Shift for Railroad Rights of Way

Brownstein Hyatt Farber Schreck on

This week, the Supreme Court ruled that the United States Forest Service could not construct a trail on an abandoned railroad right of way (ROW) that crosses through private property. Brandt v. United States, No. 12-1173,...more

Eversheds Sutherland (US) LLP

Legal Alert: Marvin M. Brandt Revocable Trust v. United States: Supreme Court Opens the Door to Potential Fifth Amendment Takings...

Eversheds Sutherland (US) LLP on

In what is commonly known as a rails-to-trails case, the U.S. Supreme Court held on March 10, 2014, in an eight-to-one decision, that certain railroad rights-of-way revert to private property owners following the railroad’s...more

Nossaman LLP

Rails-to-Trails Decision: Supreme Court Holds that Government Does Not Retain Reversionary Interest

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The "Rails-to-Trails" program sounds like such a great idea in theory: take old, abandoned railroad right of way and turn it into public trails. Who would complain about that? Well, it turns out lots of people might...more

Nossaman LLP

Supreme Court Strikes Blow to "Rail-to-Trails" Program

Nossaman LLP on

In the latest in a string of recent U.S. Supreme Court cases that impact right of way issues, on Monday the Court issued its opinion in Marvin M. Brandt Revocable Trust v. United States (Case No. 12-1173, March 10, 2014). ...more

Miller Starr Regalia

2014 Land Use Program - Northern California

Miller Starr Regalia on

In this presentation: - Legislative CEQA Reform Efforts - Selected CEQA Case Law Developments - Land Use Developments - What’s Happening in Tracy? - Overview and Purpose - Site...more

Nossaman LLP

Supreme Court Taking Another Takings Case

Nossaman LLP on

The Supreme Court is apparently not done with its recent interest in takings decisions. Following the decisions in Arkansas Game and Fish Commission v. United States, Horne v. Department of Agriculture, and Koontz v. St....more

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