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HALL v. NORFOLK SOUTHERN RY. CO.

No. 04-1005.

469 F.3d 590 (2006)

Merrill E. HALL, Plaintiff-Appellant, v. NORFOLK SOUTHERN RAILWAY COMPANY, a corporation, partial successor in interest to Consolidated Rail Corporation doing business as Conrail, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 9, 2006.

Attorney(s) appearing for the Case

Steven P. Garmisa (argued), Hoey & Farina, Chicago, IL, for Plaintiff-Appellant.

John C. Duffey, Geoffrey L. Blazi (argued), Stuart & Branigin, Lafayette, IN, for Defendant-Appellee.

Before BAUER, ROVNER, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

This case requires us to consider what constitutes a "mistake concerning the identity of the proper party" that will permit an amended pleading to relate back to the date of the original complaint under Federal Rule of Civil Procedure 15(c)(3). Also at issue is the scope of the statutory liability exemption in 49 U.S.C. § 11321 for railroads that participate in consolidation transactions approved by the Surface Transportation Board ("STB...

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