DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171399P.pdf 08/13/2018 BNSF Railway Company v. Seats, Incorporated
U.S. Court of Appeals Case No: 17-1399
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Benton, Author, with Wollman and Stras, Circuit Judges]
Civil case - Locomotives Inspection Act. BNSF's employee was injured when
a locomotive seat manufactured by defendant broke; BNSF settled with this
employee and then sued defendant to recover the costs of settlement; held,
the district court erred in determining that the Locomotives Inspection
Act preempts BNSF's claims for products liability and breach-of-contract;
the district court did not address defendant's other grounds for dismissal
of the two claims, and the matter is remanded for further proceedings on
those alternative arguments.