No. 18-847
BNSF Railway Company v. Juanita Nye, as Personal Representative of the Estate of Jeffrey Nye
Amici (1)Response RequestedResponse WaivedRelisted (2)
Tags: federal-funding federal-rail-safety-act grade-crossing preemption state-tort-claim tort-claim warning-devices
Key Terms:
Arbitration JusticiabilityDoctri
Arbitration JusticiabilityDoctri
Latest Conference:
2019-04-18
(distributed 2 times)
Question Presented (from Petition)
When the project documents and authenticating testimony demonstrate that federal funds participated in a state-wide project to install warning devices at grade crossings and that the project included the crossing at issue, is the state tort claim for inadequate signalization preempted as a matter of law?
Question Presented (AI Summary)
When the project documents and authenticating testimony demonstrate that federal funds participated in a state-wide project to install warning devices at grade crossings and that the project included the crossing at issue, is the state tort claim for inadequate signalization preempted as a matter of law?
Docket Entries
2019-04-22
Petition DENIED.
2019-04-10
Letter of April 10, 2019 from counsel for petitioner received. (Distributed)
2019-04-08
Letter of April 4, 2019 from counsel for respondent received. (Distributed)
2019-04-02
DISTRIBUTED for Conference of 4/18/2019.
2019-04-02
Reply of petitioner BNSF Railway Company filed. (Distributed)
2019-03-19
Brief of respondent Juanita Nye in opposition filed.
2019-02-25
Brief amicus curiae of Association of American Railroads filed. (2/27,2019)
2019-02-05
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
2019-02-01
Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
2019-01-24
Response Requested. (Due February 25, 2019)
2019-01-16
DISTRIBUTED for Conference of 2/15/2019.
2019-01-08
Waiver of right of respondent Juanita Nye to respond filed.
2018-12-24
Petition for a writ of certiorari filed. (Response due February 4, 2019)
Attorneys
Association of American Railroads
Daniel Saphire — Association of Amer. Railroads, Amicus
BNSF Railway Company
Charles Glaston Cole — Steptoe & Johnson, Chartered, Petitioner
Juanita Nye
Robert S. Peck — Center for Constitutional Litigation, P.C., Respondent