CSX TRANSPORTATION v. PITTS

No. 34, September Term, 2012.

61 A.3d 767 (2013)

430 Md. 431

CSX TRANSPORTATION, INC. v. Edward L. PITTS, Sr.

Court of Appeals of Maryland.

February 28, 2013.


Attorney(s) appearing for the Case

Andrew E. Tauber ( Evan M. Tager , Carl J. Summers , Paul W. Hughes of Mayer Brown LLP, Washington, DC; Mitchell Y. Mirviss of Venable LLP, Baltimore, MD; C. Stephen Setliff of Setliff & Holland, PC, Annapolis, MD), on brief, for petitioner.

P. Matthew Darby and H. David Leibensperger of Berman, Sobin, Gross, Feldman & Darby LLP, Towson, MD; C. Richard Cranwell of Cranwell, Moore & Emick, PLC, Roanoke, VA, on brief, for respondent.

Louis P. Warchot , Daniel Saphire, Association of American Railroads, Washington, DC, James W. Constable , Wright, Constable & Skeen, L.L.P., Baltimore, MD, for amicus curiae brief of the Association of American Railroads in Support of Petitioner.

Lawrence M. Mann , Alper & Mann, PC, Bethesda, MD, for amici curiae brief of Rail Labor Division of the Transportation Trades Department, AFL-CIO, and the Rail Conference of the International Brotherhood of Teamsters.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA and McDONALD, JJ.


ADKINS, J.

This negligence case, brought under the Federal Employers Liability Act ("FELA"), presents several issues not found in a typical negligence claim, but of growing significance nationwide. The issue that has been drawing most of the courts' time and attention is federal preclusion — whether and when a railroad employee's negligence action under FELA may be precluded by the Federal Railroad Safety Act ("FRSA") and regulations enacted thereunder. Here...

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