Supreme Court of the United States
Norfolk Southern Railway Co. v. Shanklin
April 17, 2000529 U.S. 344
Summary
This case involved a wrongful death action against a railroad for inadequate warning devices at a grade crossing. The Court held that the Federal Railroad Safety Act and FHWA regulations preempt state tort claims where federal funds participated in installing the devices. Justice Breyer concurred, suggesting the agency could amend regulations to avoid preemption, while Justice Ginsburg dissented, arguing funding alone should not trigger preemption without individualized adequacy findings.