Mark Griffioen, Joyce Ludvicek, Mike Ludvicek, Sandra Skelton, and Brian Vanous, Individually and on Behalf of All Others Similarly Situated v. Cedar Rapids and Iowa City Railway Company, Alliant Energy Corporation, Union Pacific Railroad Company, and Union Pacific Corporation.

914 N.W.2d 273
CourtSupreme Court of Iowa
DecidedJune 22, 2018
Docket16-1462
StatusPublished
Cited by16 cases

This text of 914 N.W.2d 273 (Mark Griffioen, Joyce Ludvicek, Mike Ludvicek, Sandra Skelton, and Brian Vanous, Individually and on Behalf of All Others Similarly Situated v. Cedar Rapids and Iowa City Railway Company, Alliant Energy Corporation, Union Pacific Railroad Company, and Union Pacific Corporation.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mark Griffioen, Joyce Ludvicek, Mike Ludvicek, Sandra Skelton, and Brian Vanous, Individually and on Behalf of All Others Similarly Situated v. Cedar Rapids and Iowa City Railway Company, Alliant Energy Corporation, Union Pacific Railroad Company, and Union Pacific Corporation., 914 N.W.2d 273 (iowa 2018).

Opinions

MANSFIELD, Justice.

*277This case is yet another outgrowth from the terrible flooding that struck our state a decade ago. Property owners in Cedar Rapids have sued the owners of certain railroad bridges across the Cedar River, alleging that their misguided efforts to protect those bridges from washing out worsened the effects of the flooding for other property owners. We must decide whether the property owners' state-law damage claims against the railroad bridge owners are preempted by the Federal Interstate Commerce Commission Termination Act (ICCTA). See 49 U.S.C. § 10501(b) (2006). The ICCTA confers "exclusive" jurisdiction on the Federal Surface Transportation Board over "transportation by rail carriers" and over the "construction" or "operation" of rail tracks or "facilities." Id. The ICCTA expressly provides "exclusive" remedies "with respect to regulation of rail transportation" and expressly preempts any other "remedies provided under Federal or State law." Id.

After careful review of the ICCTA and authorities interpreting it, we conclude this federal law does indeed preempt the property owners' action alleging that the railroads' design and operation of their railroad bridges resulted in flood damage to other properties. Accordingly, we affirm the district court's ruling granting the defendants' motion for judgment on the pleadings.

Our decision is consistent with the federal authorities examining this question of federal law. Clearly, not all state-law tort claims involving railroads are preempted by the ICCTA. But state tort claims like the ones alleged here that involve second-guessing of decisions made by railroads to keep their rail lines open are expressly preempted by Title 49 § 10501(b) of the ICCTA. See Tubbs v. Surface Transp. Bd. , 812 F.3d 1141, 1144-46 (8th Cir. 2015) (quoting § 10501(b) and then concluding that it preempts the plaintiffs' tort claims "as applied"); Jones Creek Inv'rs, LLC v. Columbia County , 98 F.Supp.3d 1279, 1291-94 (S.D. Ga. 2015) (agreeing with the railroad's contention that the ICCTA "expressly preempts [the plaintiff's] state law tort claims"); Waubay Lake Farmers Ass'n v. BNSF Ry. , No. 12-4179-RAL, 2014 WL 4287086, at *6 (D.S.D. Aug. 28, 2014) (finding that plaintiffs' state-law tort claims "fall squarely within the express terms of the ICCTA's preemption clause"); In re Katrina Canal Breaches Consol. Litig. , No. 05-4182, 2009 WL 224072, at *4-6 (E.D. La. Jan. 26, 2009) (describing § 10501(b) as an "express preemption provision" and applying it to preempt plaintiffs' state-law tort claims); Maynard v. CSX Transp., Inc ., 360 F.Supp.2d 836, 842 (E.D. Ky. 2004) (stating that "section 10501(b) of the ICCTA expressly preempts Plaintiff's [common-law tort] claims"); A & W Props., Inc. v. Kan. City S. Ry. , 200 S.W.3d 342, 347 (Tex. App. 2006) (finding that there is no "blanket exception" from section 10501(b) for state-law tort claims and that "preemption is express" for the tort claims asserted by the plaintiff).

Two categories of state-law tort claims typically are not preempted by the ICCTA. One is a tort claim that challenges a railroad's activities other than the maintenance and operation of its rail lines. See Guild v. Kan. City S. Ry. , 541 F. App'x 362, 368 (5th Cir. 2013) (declining to find that a state-law tort claim that the defendant damaged plaintiff's private spur track by temporarily parking train cars of excessive weight on that private track was *278preempted); Emerson v. Kan. City S. Ry. , 503 F.3d 1126, 1130 (10th Cir. 2007) (finding that § 10501(b) does not preempt a claim relating to a railroad "discarding old railroad ties into a wastewater drainage ditch adjacent to the tracks and otherwise failing to maintain that ditch"); Rushing v. Kan. City S. Ry. , 194 F.Supp.2d 493, 499-501 (S.D. Miss. 2001) (finding that § 10501(b) preempted tort claims relating to the railroad's operation of its switch yard but not relating to its erection of an earthen berm outside the switch yard); Jones v. Union Pac. R.R. , 79 Cal.App.4th 1053, 94 Cal.Rptr.2d 661, 666-67 (2000) (finding no preemption where there was a triable issue whether the railroad ran its engines and sound "solely to harass plaintiffs" rather than for safety reasons or "in furtherance of [defendant's] railroad operations").

A second category of claims are those relating to rail safety, where a separate, narrower preemption provision in the Federal Rail Safety Act (FRSA) applies. See 49 U.S.C. § 20106 ; Tyrrell v. Norfolk S. Ry. , 248 F.3d 517, 523-25 (6th Cir. 2001) (finding that the FRSA rather than the ICCTA governed a trainman's personal injury claim and the claim was not preempted); Waneck v. CSX Corp ., No. 1:17cv106-HSO-JCG, 2018 WL 1546373, at *4-6 (S.D. Miss. Mar.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Happel v. Guilford Cnty. Bd. of Educ.
Supreme Court of North Carolina, 2025
State v. CSX Transp., Inc.
2022 Ohio 2832 (Ohio Supreme Court, 2022)
Timothy Lee Hall v. State of Iowa
Court of Appeals of Iowa, 2022
in Re Union Pacific Railroad Company
Court of Appeals of Texas, 2018

Cite This Page — Counsel Stack

Bluebook (online)
914 N.W.2d 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mark-griffioen-joyce-ludvicek-mike-ludvicek-sandra-skelton-and-brian-iowa-2018.