Indiana Supreme Court
State of Indiana, Appellant (plaintiff) v. Norfolk Southern Railway Company, Appellee (defendant)
September 24, 2018107 N.E.3d 468
Summary
The Indiana Supreme Court held that the presumption against federal preemption applies to Indiana's blocked-crossing statute because regulation of railroad crossings has traditionally been a state concern. It nevertheless held that the Interstate Commerce Commission Termination Act expressly preempts the statute because the ten-minute limit directly manages railroad operations, including train length, speed, scheduling, and switching practices. The court affirmed summary judgment for Norfolk Southern and declined to reach preemption under the Federal Railroad Safety Act.