103636P.pdf   04/16/2012  Steven Grade  v.  BNSF Railway Company
   U.S. Court of Appeals Case No:  10-3636
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Shepherd, Author, with Loken and Murphy, Circuit Judges]
   Civil case - torts. 2007 Amendments to the Railway Safety Act did not
   overrule Norfolk Southern Railway v. Shanklin, 529 U.S. 344 (2000), and
   under Shanklin, plaintiff's inadequacy-of-warning claims were preempted
   because the warning system in place at the scene of his accident was paid
   for in part by federal funds; local-conditions saving clause does not apply;
   claim that the defendant was negligent in failing to equip cars with
   warning lights or reflective devices was also preempted; plaintiff could not
   show that his injuries were the natural and proximate result of 
   defendant's violation of a Nebraska law regarding the time limit for
   blocking a crossing; plaintiff failed to establish that the rail car was not
   under defendant's reasonable and proper control and supervision.