Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Union Pac. R.R. Co. v. US, No. 08-7102

By FindLaw Staff on January 06, 2010 | Last updated on March 21, 2019

In a Federal Tort Claims Act action by a railroad against the government based on the derailment of a train, judgment for plaintiff is reversed where: 1) the Tucker Act deprived the district court of jurisdiction over plaintiff's negligent breach of contract claim because it was a contract claim under the exclusive jurisdiction of the Court of Federal Claims; and 2) plaintiff's negligent inspection and maintenance claim was barred by the exculpatory clause of the parties' agreement, which did not violate Oklahoma public policy.

Read Union Pac. R.R. Co. v. US, No. 08-7102

Appellate Information

Filed January 5, 2010


Opinion by Judge Hartz


For Appellant:

Sarang V. Damle, Michael F. Hertz, Sheldon J. Sperling, Thomas M. Bondy, Attorney, Appellate Staff, Civil Division, Washington, DC

For Appellee:

George R. Mullican, Robert D. Hart and Christopher D. Wolek, Gibbs Armstrong Borochoff Mullican & Hart, P.C., Tulsa, OK
Plaintiff - Appellee.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard