Supreme Court of Alabama

Norfolk Southern Railway Company. v. James H. Goldthwaite

March 13, 20152015 Ala. LEXIS 37

Summary

The Alabama Supreme Court reversed the circuit court’s denial of Norfolk Southern’s motion to dismiss, holding that the plaintiff’s state‑law nuisance claims are expressly preempted by the Interstate Commerce Commission Termination Act (ICCTA) because the Act grants the Surface Transportation Board exclusive jurisdiction over railroad operations and side tracks.