"Norfolk Southern Says East Palestine Residents' Suit Barred by US Law", 5 June 2023

Norfolk Southern Corp has asked a U.S. judge to toss a proposed class action lawsuit it is facing over a February train derailment that led to a toxic chemical spill in East Palestine, Ohio, arguing the claims are “threadbare” and barred by federal law.

The railroad company told a federal court in Youngstown, Ohio that the consolidated complaint filed last month on behalf of roughly 500,000 area residents, businesses and property owners relies on “vague and conclusory allegations” that it acted improperly, leading to the crash...

It said the plaintiffs' negligence, nuisance and strict liability claims are preempted by federal laws like the Hazardous Materials Transportation Act and the Federal Railroad Safety Act. Those laws "expansively" regulate railroad operations and bar those sorts of claims based in state law, Norfolk said.

Jayne Conroy, an attorney representing the plaintiffs with the law firm Simmons Hanly Conroy, on Monday called the motion to dismiss “routine” and said “we have every expectation that the motion will be denied in its entirety.”

The plaintiffs have claimed the company is liable for the property damage, health concerns and business impacts caused by the Feb. 3 crash of the Norfolk-operated train...

The company said Friday that it has paid “over $16 million” directly to residents...

The railroad has also been sued by shareholders over the derailment, and faces other lawsuits including at least three filed by Pennsylvania school districts near the crash site...