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Soo Line Railroad Company, dba Canadian Pacific v. Consolidated Rail Corporation, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-3100 · judgment July 15, 2020

Certiorari denied · January 11, 2021

Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the court of appeals erroneously held that the exemption provision of the Interstate Commerce Commission Termination Act (49 U.S.C. § 11321(a)) independently preempts an action grounded in state law against a rail corporation without consideration of the limits on preemption set by the exclusive jurisdiction provision (49 U.S.C. § 10501(b)) of the Act. (i)

Counsel of record

For petitioner
Dennis Lane
Stinson LLP

For respondent
Andrew Richard Musgrove Blaiklock
Lewis Wagner LLP

Case

Conference history
Distributed for 1 conference

Proceedings

Jan 11 2021
Petition DENIED.
Dec 16 2020
DISTRIBUTED for Conference of 1/8/2021.
Nov 23 2020
Waiver of right of respondent Indiana Harbor Belt Railroad Company to respond filed.
Nov 18 2020
Waiver of right of respondents Terry Evans, John Hart, Mike PEndergrass and Tom Werner to respond filed.
Nov 17 2020
Waiver of right of respondent Norfolk Southern Railway Company, LLC; Norfolk Southern Corporation to respond filed.
Nov 16 2020
Waiver of right of respondents CSX Transportation, Inc., CSX Corporation to respond filed.
Nov 14 2020
Waiver of right of respondent Consolidated Rail Corporation to respond filed.
Nov 06 2020
Petition for a writ of certiorari filed. (Response due December 10, 2020)