Deweese v. Nat'l RR Passenger Corp., No. 09-1569

In a dispute arising from an accident in which a passenger was struck by an Amtrak train which resulted in a settlement with the passenger, but leaving unresolved one party's cross-claim for contractual indemnity, summary judgment for Amtrak on its cross-claim against the Southeastern Pennsylvania Transportation Authority (SEPTA) is affirmed as, SEPTA's state-law sovereign immunity defense is preempted by Amtrak's federal enabling statute and therefore, the indemnity contract between SEPTA and Amtrak is enforceable.  

Read Deweese v. Nat'l RR Passenger Corp., No. 09-1569

Appellate Information

On Appeal from the United States District Court for the Eastern District of Pennsylvania

Opinion Filed December 22, 2009

Judges

Before:  Scirica, Chief Judge, Jordan and Greenberg, Circuit Judges

Opinion by Circuit Judge Jordan

Counsel:

For Appellant: Thomas S. Biemer, Matthew A. Foley, Dilworth Paxon

For Appellee:   William G. Ballaine, Landman Corsi Ballaine & Ford