IN RE LAC-MÉGANTIC TRAIN DERAILMENT LITIGATION

No. 17-1108.

999 F.3d 72 (2021)

IN RE: LAC-MÉGANTIC TRAIN DERAILMENT LITIGATION. Annick Roy, as special administrator of the estate of Jean-Guy Veilleux, deceased, individually and as next friend of minor, F.R.V., ET AL., Plaintiffs, Appellants, v. Canadian Pacific Railway Company, Defendant, Appellee, Soo Line Railroad Company, d/b/a Canadian Pacific Railway; Delaware and Hudson Railroad Company Inc., d/b/a Canadian Pacific Railway; Dakota Minnesota and Eastern Railroad Corporation, d/b/a Canadian Pacific Railway; and Canadian Pacific Railway Limited, Putative Defendants.

United States Court of Appeals, First Circuit.

June 2, 2021.


Attorney(s) appearing for the Case

Matthew W.H. Wessler , Washington, DC, with whom Gregory A. Beck , North Canton, OH, Larkin Turner , Gupta Wessler PLLC, Ted A. Meyers , Peter J. Flowers , Craig D. Brown , Meyers & Flowers LLC, St. Charles, IL, Jason C. Webster , The Webster Law Firm, Houston, TX, Mitchell A. Toups , and Weller, Green, Toups & Terrell, LLP were on brief, for appellants.

Paul J. Hemming , with whom Leah Ceee O. Boomsma , Taft Stettinius & Hollister LLP, Minneapolis, MN, Mark F. Rosenberg , New York, NY, and Sullivan & Cromwell LLP were on brief, for appellee.

Before Lynch and Selya, Circuit Judges, and Katzmann, Judge.


This appeal requires us to decide, as a matter of first impression in this circuit, Whether the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules) or the Federal Rules of Civil Procedure (the Civil Rules) govern cases that have come within the federal district court's jurisdiction as cases "related to" a pending bankruptcy...

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