State of Indiana v. Norfolk Southern Railway Company

Summary

The Indiana Supreme Court held that the presumption against federal preemption applies to Indiana’s blocked-crossing statute because railroad-crossing regulation has traditionally been an area of 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 speed, length, scheduling, and switching practices. The court affirmed summary judgment for Norfolk Southern and did not reach preemption under the Federal Railroad Safety Act.